New York State Law
Vehicle and Traffic Law
Consolidated Laws of New York's VTL code
Article 24 - NY Vehicle and Traffic Law
TRAFFIC SIGNS, SIGNALS AND MARKINGS
| Section |
Description |
| 1110 | Obedience to and required traffic-control devices. |
| 1111 | Traffic-control signal indications. |
| 1111-A | Owner liability for failure of operator to comply with traffic-control indications. |
| 1111-B | Owner liability for failure of operator to comply with ... (Nassau) |
| 1111-B*2 | Owner liability for failure of operator to comply with ... (Yonkers) |
| 1111-B*3 | Owner liability for failure of operator to comply with ... (Buffalo) |
| 1111-B*4 | Owner liability for failure of operator to comply with ... (Rochester) |
| 1111-C | Owner liability for failure of operator to comply with bus lane restrictions. |
| 1111-D | Owner liability for failure of operator to comply with ... (New Rochelle) |
| 1111-D*2 | Owner liability for failure of operator to comply with ... (Mt. Vernon) |
| 1111-D*3 | Owner liability for failure of operator to comply with ... (Albany) |
| 1111-E | Owner liability for failure of operator to comply with ... (White Plains) |
| 1112 | Pedestrian-control signal indications. |
| 1113 | Flashing signal indications. |
| 1114 | Display of unauthorized signs, signals, or markings. |
| 1115 | Interference with official traffic-control devices, railroad signs or signals ... |
| 1116 | Lane direction control indications. |
| 1117 | Traffic-control signals; malfunction. |
| Common Traffic Law Violations for Article 24 |
S 1110. Obedience to and required traffic-control devices. (a) Every
person shall obey the instructions of any official traffic-control
device applicable to him placed in accordance with the provisions of
this chapter, unless otherwise directed by a traffic or police officer,
subject to the exceptions granted the driver of an authorized emergency
vehicle in this title.
(b) No provision of this title for which signs are required shall be
enforced against an alleged violator if at the time and place of the
alleged violation an official sign is not in proper position and
sufficiently legible to be seen by an ordinarily observant person.
Whenever a particular section does not state that signs are required,
such section shall be effective even though no signs are erected or in
place.
(c) Whenever official traffic-control devices are placed in position
approximately conforming to the requirements of this chapter, such
devices shall be presumed to have been so placed by the official act or
direction of lawful authority, unless the contrary shall be established
by competent evidence.
(d) Any official traffic-control device placed pursuant to the
provisions of this chapter and purporting to conform to the lawful
requirements pertaining to such devices shall be presumed to comply with
the requirements of this chapter, unless the contrary shall be
established by competent evidence.
(e) For purposes of this article, "intersection" shall include the
area embracing the juncture of a highway with a private road or driveway
and "intersecting roadway" shall include an intersecting private road or
driveway.
S 1111. Traffic-control signal indications. Whenever traffic is
controlled by traffic-control signals, other than lane direction control
signal indications provided in section eleven hundred sixteen,
exhibiting different colored lights, or colored lighted arrows,
successively, one at a time or in combination, only the colors green,
yellow and red shall be used, and said lights shall indicate and apply
to drivers of vehicles and to pedestrians as follows:
(a) Green indications:
1. Traffic, except pedestrians, facing a steady circular green signal
may proceed straight through or turn right or left unless a sign at such
place prohibits either such turn. Such traffic, including when turning
right or left, shall yield the right of way to other traffic lawfully
within the intersection or an adjacent crosswalk at the time such signal
is exhibited.
2. Traffic, except pedestrians, facing a steady green arrow signal may
cautiously enter the intersection only to make the movement indicated by
such arrow, or such other movement as is permitted by other indications
shown at the same time, except that a U-Turn may be made by traffic
facing a left green arrow signal unless a sign prohibits such U-Turn or
such U-Turn is in violation of any other provision of law. Such traffic
shall yield the right of way to other traffic lawfully within the
intersection or an adjacent cross walk at the time such signal is
exhibited.
3. Unless otherwise directed by a pedestrian-control signal as
provided in section eleven hundred twelve, pedestrians facing any steady
green signal, except when the sole green signal is a turn arrow, may
proceed across the roadway within any marked or unmarked crosswalk.
(b) Yellow indications:
1. Traffic, except pedestrians, facing a steady circular yellow signal
may enter the intersection; however, said traffic is thereby warned that
the related green movement is being terminated or that a red indication
will be exhibited immediately thereafter.
2. Traffic, except pedestrians, facing a steady yellow arrow signal
may cautiously enter the intersection only to complete the movement
indicated by such arrow or make such other movement as is permitted by
other indications shown at the same time; however, said traffic is
thereby warned that the related green arrow movement is being terminated
or that a red indication will be ehxibited immediately thereafter.
3. Unless otherwise directed by a pedestrian-control signal as
provided in section eleven hundred twelve, pedestrians facing any steady
yellow signal are thereby advised that there is insufficient time to
cross the roadway before a red indication is shown and no pedestrian
shall then start to cross the roadway.
(d) Red indications:
1. Traffic, except pedestrians, facing a steady circular red signal,
unless to make such other movement as is permitted by other indications
shown at the same time, shall stop at a clearly marked stop line, but if
none, then shall stop before entering the crosswalk on the near side of
the intersection, or in the event there is no crosswalk, at the point
nearest the intersecting roadway where the driver has a view of the
approaching traffic on the intersecting roadway before entering the
intersection and shall remain standing until an indication to proceed is
shown except as provided in paragraph two of this subdivision.
2. Except in a city having a population of one million or more,
unless a sign is in place prohibiting such turn:
a. Traffic facing a steady circular red signal may cautiously enter
the intersection to make a right turn after stopping as required by
paragraph one of this subdivision, except that right turning traffic is
not required to stop when a steady right green arrow signal is shown at
the same time. Such traffic shall yield the right-of-way to pedestrians
within a marked or unmarked crosswalk at the intersection and to other
traffic lawfully using the intersection;
b. Traffic, while on a one-way roadway, facing a steady red signal may
cautiously enter the intersection to make a left turn onto a one-way
roadway after stopping as required by paragraph one of this subdivision.
Such traffic shall yield the right-of-way to pedestrians within a marked
or unmarked crosswalk at the intersection and to other traffic lawfully
using the intersection.
Notwithstanding any other provision of law, any city having a
population of one million or more, is hereby authorized and empowered to
adopt a local law authorizing subparagraph a or b of this paragraph to
be applicable within such city. Upon the adoption of such local law the
exception provided herein for a city having a population of one million
or more shall no longer be applicable within such city.
c. On or after the effective date of this subparagraph, the sign which
prohibits such turn shall be prominently displayed from all newly
installed traffic signals where possible.
3. Traffic, except pedestrians, facing a steady red arrow signal may
not enter the intersection to make the movement indicated by such arrow
and, unless entering the intersection to make such other movement as is
permitted by other indications shown at the same time, shall stop at a
clearly marked stop line, but if none, then shall stop before entering
the crosswalk on the near side of the intersection, or in the event
there is no crosswalk at the point nearest the intersecting roadway
where the driver has a view of the approaching traffic on the
intersecting roadway before entering the intersection and shall remain
standing until an indication to proceed is shown.
4. Unless otherwise directed by a pedestrian-control signal as
provided in section eleven hundred twelve, pedestrians facing any steady
red signal shall not enter the roadway.
5. Notwithstanding the provision of paragraph two of this subdivision,
no school bus, while transporting pupils for any purpose, shall be
permitted to proceed when facing a steady red signal.
(e) Traffic shall obey signs requiring obedience to traffic-control
signals at intersections other than those at which such signals are
located. No intersection not controlled by such signs prior to the
effective date of this section shall hereafter be made subject to such
method of control and no ordinance, order, rule or regulation requiring
such obedience shall hereafter be adopted.
(f) In the event an official traffic-control signal is erected and
maintained at a place other than an intersection, the provisions of this
section shall be applicable except as to those provisions which by their
nature can have no application. Any stop required shall be made at a
sign or marking on the pavement indicating where the stop shall be made,
but in the absence of any such sign or marking the stop shall be made at
the signal.
* S 1111-a. Owner liability for failure of operator to comply with
traffic-control indications. (a) 1. Notwithstanding any other provision
of law, each city with a population of one million or more is hereby
authorized and empowered to adopt and amend a local law or ordinance
establishing a demonstration program imposing monetary liability on the
owner of a vehicle for failure of an operator thereof to comply with
traffic-control indications in such city in accordance with the
provisions of this section. Such demonstration program shall empower a
city to install and operate traffic-control signal photo
violation-monitoring devices at no more than one hundred fifty
intersections within such city at any one time.
2. Such demonstration program shall utilize necessary technologies to
ensure, to the extent practicable, that photographs produced by such
traffic-control signal photo violation-monitoring systems shall not
include images that identify the driver, the passengers, or the contents
of the vehicle. Provided, however, that no notice of liability issued
pursuant to this section shall be dismissed solely because a photograph
or photographs allow for the identification of the contents of a
vehicle, provided that such city has made a reasonable effort to comply
with the provisions of this paragraph.
(b) In any city which has adopted a local law or ordinance pursuant to
subdivision (a) of this section, the owner of a vehicle shall be liable
for a penalty imposed pursuant to this section if such vehicle was used
or operated with the permission of the owner, express or implied, in
violation of subdivision (d) of section eleven hundred eleven of this
article, and such violation is evidenced by information obtained from a
traffic-control signal photo violation-monitoring system; provided
however that no owner of a vehicle shall be liable for a penalty imposed
pursuant to this section where the operator of such vehicle has been
convicted of the underlying violation of subdivision (d) of section
eleven hundred eleven of this article.
(c) For purposes of this section, "owner" shall have the meaning
provided in article two-B of this chapter. For purposes of this section,
"traffic-control signal photo violation-monitoring system" shall mean a
vehicle sensor installed to work in conjunction with a traffic-control
signal which automatically produces two or more photographs, two or more
microphotographs, a videotape or other recorded images of each vehicle
at the time it is used or operated in violation of subdivision (d) of
section eleven hundred eleven of this article.
(d) A certificate, sworn to or affirmed by a technician employed by
the city in which the charged violation occurred, or a facsimile
thereof, based upon inspection of photographs, microphotographs,
videotape or other recorded images produced by a traffic-control signal
photo violation-monitoring system, shall be prima facie evidence of the
facts contained therein. Any photographs, microphotographs, videotape or
other recorded images evidencing such a violation shall be available for
inspection in any proceeding to adjudicate the liability for such
violation pursuant to a local law or ordinance adopted pursuant to this
section.
(e) An owner liable for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to a local law or
ordinance adopted pursuant to this section shall be liable for monetary
penalties in accordance with a schedule of fines and penalties to be set
forth in such local law or ordinance, except that in a city which, by
local law, has authorized the adjudication of such owner liability by a
parking violations bureau, such schedule shall be promulgated by such
bureau. The liability of the owner pursuant to this section shall not
exceed fifty dollars for each violation; provided, however, that such
local law or ordinance may provide for an additional penalty not in
excess of twenty-five dollars for each violation for the failure to
respond to a notice of liability within the prescribed time period.
(f) An imposition of liability under a local law or ordinance adopted
pursuant to this section shall not be deemed a conviction as an operator
and shall not be made part of the operating record of the person upon
whom such liability is imposed nor shall it be used for insurance
purposes in the provision of motor vehicle insurance coverage.
(g) 1. A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section. Personal delivery on the owner shall not be required. A manual
or automatic record of mailing prepared in the ordinary course of
business shall be prima facie evidence of the facts contained therein.
2. A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section, the registration number of the vehicle involved in such
violation, the location where such violation took place, the date and
time of such violation and the identification number of the camera which
recorded the violation or other document locator number.
3. The notice of liability shall contain information advising the
person charged of the manner and the time in which he may contest the
liability alleged in the notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to contest
in the manner and time provided shall be deemed an admission of
liability and that a default judgment may be entered thereon.
4. The notice of liability shall be prepared and mailed by the city
having jurisdiction over the intersection where the violation occurred,
or by any other entity authorized by the city to prepare and mail such
notification of violation.
(h) Adjudication of the liability imposed upon owners by this section
shall be by a traffic violations bureau established pursuant to section
three hundred seventy of the general municipal law or, if there be none,
by the court having jurisdiction over traffic infractions, except that
any city which has established an administrative tribunal to hear and
determine complaints of traffic infractions constituting parking,
standing or stopping violations may, by local law, authorize such
adjudication by such tribunal.
(i) If an owner receives a notice of liability pursuant to this
section for any time period during which the vehicle was reported to the
police department as having been stolen, it shall be a valid defense to
an allegation of liability for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to this section that the
vehicle had been reported to the police as stolen prior to the time the
violation occurred and had not been recovered by such time. For purposes
of asserting the defense provided by this subdivision it shall be
sufficient that a certified copy of the police report on the stolen
vehicle be sent by first class mail to the traffic violations bureau,
court having jurisdiction or parking violations bureau.
(j) 1. In a city where the adjudication of liability imposed upon
owners pursuant to this section is by a traffic violations bureau or a
court having jurisdiction, an owner who is a lessor of a vehicle to
which a notice of liability was issued pursuant to subdivision (g) of
this section shall not be liable for the violation of subdivision (d) of
section eleven hundred eleven of this article, provided that he or she
sends to the traffic violations bureau or court having jurisdiction a
copy of the rental, lease or other such contract document covering such
vehicle on the date of the violation, with the name and address of the
lessee clearly legible, within thirty-seven days after receiving notice
from the bureau or court of the date and time of such violation,
together with the other information contained in the original notice of
liability. Failure to send such information within such thirty-seven day
time period shall render the owner liable for the penalty prescribed by
this section. Where the lessor complies with the provisions of this
paragraph, the lessee of such vehicle on the date of such violation
shall be deemed to be the owner of such vehicle for purposes of this
section, shall be subject to liability for the violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section and shall be sent a notice of liability pursuant to subdivision
(g) of this section.
2. (i) In a city which, by local law, has authorized the adjudication
of liability imposed upon owners by this section by a parking violations
bureau, an owner who is a lessor of a vehicle to which a notice of
liability was issued pursuant to subdivision (g) of this section shall
not be liable for the violation of subdivision (d) of section eleven
hundred eleven of this article, provided that:
(A) prior to the violation, the lessor has filed with the bureau in
accordance with the provisions of section two hundred thirty-nine of
this chapter; and
(B) within thirty-seven days after receiving notice from the bureau of
the date and time of a liability, together with the other information
contained in the original notice of liability, the lessor submits to the
bureau the correct name and address of the lessee of the vehicle
identified in the notice of liability at the time of such violation,
together with such other additional information contained in the rental,
lease or other contract document, as may be reasonably required by the
bureau pursuant to regulations that may be promulgated for such purpose.
(ii) Failure to comply with clause (B) of subparagraph (i) of this
paragraph shall render the owner liable for the penalty prescribed in
this section.
(iii) Where the lessor complies with the provisions of this paragraph,
the lessee of such vehicle on the date of such violation shall be deemed
to be the owner of such vehicle for purposes of this section, shall be
subject to liability for such violation pursuant to this section and
shall be sent a notice of liability pursuant to subdivision (g) of this
section.
(k) 1. If the owner liable for a violation of subdivision (d) of
section eleven hundred eleven of this article pursuant to this section
was not the operator of the vehicle at the time of the violation, the
owner may maintain an action for indemnification against the operator.
2. Notwithstanding any other provision of this section, no owner of a
vehicle shall be subject to a monetary fine imposed pursuant to this
section if the operator of such vehicle was operating such vehicle
without the consent of the owner at the time such operator failed to
obey a traffic-control indication. For purposes of this subdivision
there shall be a presumption that the operator of such vehicle was
operating such vehicle with the consent of the owner at the time such
operator failed to obey a traffic-control indication.
(l) Nothing in this section shall be construed to limit the liability
of an operator of a vehicle for any violation of subdivision (d) of
section eleven hundred eleven of this article.
(m) In any city which adopts a demonstration program pursuant to
subdivision (a) of this section, such city shall submit an annual report
on the results of the use of a traffic-control signal photo
violation-monitoring system to the governor, the temporary president of
the senate and the speaker of the assembly on or before June first, two
thousand seven and on the same date in each succeeding year in which the
demonstration program is operable. Such report shall include, but not be
limited to:
1. a description of the locations where traffic-control signal photo
violation-monitoring systems were used;
2. within each borough of such city, the aggregate number, type and
severity of accidents reported at intersections where a traffic-control
signal photo violation-monitoring system is used for the year preceding
the installation of such system, to the extent the information is
maintained by the department of motor vehicles of this state;
3. within each borough of such city, the aggregate number, type and
severity of accidents reported at intersections where a traffic-control
signal photo violation-monitoring system is used, to the extent the
information is maintained by the department of motor vehicles of this
state;
4. the number of violations recorded at each intersection where a
traffic-control signal photo violation-monitoring system is used and in
the aggregate on a daily, weekly and monthly basis;
5. the total number of notices of liability issued for violations
recorded by such systems;
6. the number of fines and total amount of fines paid after first
notice of liability issued for violations recorded by such systems;
7. the number of violations adjudicated and results of such
adjudications including breakdowns of dispositions made for violations
recorded by such systems;
8. the total amount of revenue realized by such city from such
adjudications;
9. expenses incurred by such city in connection with the program; and
10. quality of the adjudication process and its results.
(n) It shall be a defense to any prosecution for a violation of
subdivision (d) of section eleven hundred eleven of this article
pursuant to a local law or ordinance adopted pursuant to this section
that such traffic-control indications were malfunctioning at the time of
the alleged violation.
* NB Repealed December 1, 2019
* S 1111-b. Owner liability for failure of operator to comply with
traffic-control indications. (a) 1. Notwithstanding any other provision
of law, the county of Nassau is hereby authorized and empowered to adopt
and amend a local law or ordinance establishing a demonstration program
imposing monetary liability on the owner of a vehicle for failure of an
operator thereof to comply with traffic-control indications in such
county in accordance with the provisions of this section. Such
demonstration program shall empower such county to install and operate
traffic-control signal photo violation-monitoring devices at no more
than fifty intersections within and under the jurisdiction of such
county at any one time.
2. Such demonstration program shall utilize necessary technologies to
ensure, to the extent practicable, that photographs produced by such
traffic-control signal photo violation-monitoring systems shall not
include images that identify the driver, the passengers, or the contents
of the vehicle. Provided, however, that no notice of liability issued
pursuant to this section shall be dismissed solely because a photograph
or photographs allow for the identification of the contents of a
vehicle, provided that such county has made a reasonable effort to
comply with the provisions of this paragraph.
(b) In any such county which has adopted a local law or ordinance
pursuant to subdivision (a) of this section, the owner of a vehicle
shall be liable for a penalty imposed pursuant to this section if such
vehicle was used or operated with the permission of the owner, express
or implied, in violation of subdivision (d) of section eleven hundred
eleven of this article, and such violation is evidenced by information
obtained from a traffic-control signal photo violation-monitoring
system; provided however that no owner of a vehicle shall be liable for
a penalty imposed pursuant to this section where the operator of such
vehicle has been convicted of the underlying violation of subdivision
(d) of section eleven hundred eleven of this article.
(c) For purposes of this section, "owner" shall have the meaning
provided in article two-B of this chapter. For purposes of this section,
"traffic-control signal photo violation-monitoring system" shall mean a
vehicle sensor installed to work in conjunction with a traffic-control
signal which automatically produces two or more photographs, two or more
microphotographs, a videotape or other recorded images of each vehicle
at the time it is used or operated in violation of subdivision (d) of
section eleven hundred eleven of this article.
(d) A certificate, sworn to or affirmed by a technician employed by
Nassau county in which the charged violation occurred, or a facsimile
thereof, based upon inspection of photographs, microphotographs,
videotape or other recorded images produced by a traffic-control signal
photo violation-monitoring system, shall be prima facie evidence of the
facts contained therein. Any photographs, microphotographs, videotape or
other recorded images evidencing such a violation shall be available for
inspection in any proceeding to adjudicate the liability for such
violation pursuant to a local law or ordinance adopted pursuant to this
section.
(e) An owner liable for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to a local law or
ordinance adopted pursuant to this section shall be liable for monetary
penalties in accordance with a schedule of fines and penalties to be set
forth in such local law or ordinance. The liability of the owner
pursuant to this section shall not exceed fifty dollars for each
violation; provided, however, that such local law or ordinance may
provide for an additional penalty not in excess of twenty-five dollars
for each violation for the failure to respond to a notice of liability
within the prescribed time period.
(f) An imposition of liability under a local law or ordinance adopted
pursuant to this section shall not be deemed a conviction as an operator
and shall not be made part of the operating record of the person upon
whom such liability is imposed nor shall it be used for insurance
purposes in the provision of motor vehicle insurance coverage.
(g) 1. A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section. Personal delivery on the owner shall not be required. A manual
or automatic record of mailing prepared in the ordinary course of
business shall be prima facie evidence of the facts contained therein.
2. A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section, the registration number of the vehicle involved in such
violation, the location where such violation took place, the date and
time of such violation and the identification number of the camera which
recorded the violation or other document locator number.
3. The notice of liability shall contain information advising the
person charged of the manner and the time in which he or she may contest
the liability alleged in the notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to contest
in the manner and time provided shall be deemed an admission of
liability and that a default judgment may be entered thereon.
4. The notice of liability shall be prepared and mailed by Nassau
county or by any other entity authorized by such county to prepare and
mail such notification of violation.
(h) Adjudication of the liability imposed upon owners by this section
shall be by the court having jurisdiction over traffic infractions.
(i) If an owner receives a notice of liability pursuant to this
section for any time period during which the vehicle was reported to the
police department as having been stolen, it shall be a valid defense to
an allegation of liability for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to this section that the
vehicle had been reported to the police as stolen prior to the time the
violation occurred and had not been recovered by such time. For purposes
of asserting the defense provided by this subdivision it shall be
sufficient that a certified copy of the police report on the stolen
vehicle be sent by first class mail to the court having jurisdiction.
(j) An owner who is a lessor of a vehicle to which a notice of
liability was issued pursuant to subdivision (g) of this section shall
not be liable for the violation of subdivision (d) of section eleven
hundred eleven of this article, provided that he or she sends to the
court having jurisdiction a copy of the rental, lease or other such
contract document covering such vehicle on the date of the violation,
with the name and address of the lessee clearly legible, within
thirty-seven days after receiving notice from the court of the date and
time of such violation, together with the other information contained in
the original notice of liability. Failure to send such information
within such thirty-seven day time period shall render the owner liable
for the penalty prescribed by this section. Where the lessor complies
with the provisions of this paragraph, the lessee of such vehicle on the
date of such violation shall be deemed to be the owner of such vehicle
for purposes of this section, shall be subject to liability for the
violation of subdivision (d) of section eleven hundred eleven of this
article pursuant to this section and shall be sent a notice of liability
pursuant to subdivision (g) of this section.
(k) 1. If the owner liable for a violation of subdivision (d) of
section eleven hundred eleven of this article pursuant to this section
was not the operator of the vehicle at the time of the violation, the
owner may maintain an action for indemnification against the operator.
2. Notwithstanding any other provision of this section, no owner of a
vehicle shall be subject to a monetary fine imposed pursuant to this
section if the operator of such vehicle was operating such vehicle
without the consent of the owner at the time such operator failed to
obey a traffic-control indication. For purposes of this subdivision
there shall be a presumption that the operator of such vehicle was
operating such vehicle with the consent of the owner at the time such
operator failed to obey a traffic-control indication.
(l) Nothing in this section shall be construed to limit the liability
of an operator of a vehicle for any violation of subdivision (d) of
section eleven hundred eleven of this article.
(m) When a county has established a demonstration program pursuant to
this section, all fines and penalties collected under such program shall
be made to the county treasurer within the first ten days of the month
following collection.
(n) In any such county which adopts a demonstration program pursuant
to subdivision (a) of this section, such county shall submit an annual
report on the results of the use of a traffic-control signal photo
violation-monitoring system to the governor, the temporary president of
the senate and the speaker of the assembly on or before June first, two
thousand ten and on the same date in each succeeding year in which the
demonstration program is operable. Such report shall include, but not be
limited to:
1. a description of the locations where traffic-control signal photo
violation-monitoring systems were used;
2. the aggregate number, type and severity of accidents reported at
intersections where a traffic-control signal photo violation-monitoring
system is used for the year preceding the installation of such system,
to the extent the information is maintained by the department of motor
vehicles of this state;
3. the aggregate number, type and severity of accidents reported at
intersections where a traffic-control signal photo violation-monitoring
system is used, to the extent the information is maintained by the
department of motor vehicles of this state;
4. the number of violations recorded at each intersection where a
traffic-control signal photo violation-monitoring system is used and in
the aggregate on a daily, weekly and monthly basis;
5. the total number of notices of liability issued for violations
recorded by such systems;
6. the number of fines and total amount of fines paid after first
notice of liability;
7. the number of violations adjudicated and results of such
adjudications including breakdowns of disposition made for violations
recorded by such systems;
8. the total amount of revenue realized by such county;
9. expenses incurred by such county in connection with the program;
and
10. quality of the adjudication process and its results.
(o) It shall be a defense to any prosecution for a violation of
subdivision (d) of section eleven hundred eleven of this article
pursuant to a local law or ordinance adopted pursuant to this section
that such traffic-control indications were malfunctioning at the time of
the alleged violation.
* NB Repealed December 1, 2019
* NB There are 4 S 1111-b's
* S 1111-b*2. Owner liability for failure of operator to comply with
traffic-control indications. (a) 1. Notwithstanding any other provision
of law, the city of Yonkers is hereby authorized and empowered to adopt
and amend a local law or ordinance establishing a demonstration program
imposing monetary liability on the owner of a vehicle for failure of an
operator thereof to comply with traffic-control indications in such city
in accordance with the provisions of this section. Such demonstration
program shall empower such city to install and operate traffic-control
signal photo violation-monitoring devices at no more than twenty-five
intersections within such city at any one time.
2. Such demonstration program shall utilize necessary technologies to
ensure, to the extent practicable, that photographs produced by such
traffic-control signal photo violation-monitoring systems shall not
include images that identify the driver, the passengers, or the contents
of the vehicle. Provided, however, that no notice of liability issued
pursuant to this section shall be dismissed solely because a photograph
or photographs allow for the identification of the contents of a
vehicle, provided that such city has made a reasonable effort to comply
with the provisions of this paragraph.
(b) In any such city which has adopted a local law or ordinance
pursuant to subdivision (a) of this section, the owner of a vehicle
shall be liable for a penalty imposed pursuant to this section if such
vehicle was used or operated with the permission of the owner, express
or implied, in violation of subdivision (d) of section eleven hundred
eleven of this article, and such violation is evidenced by information
obtained from a traffic-control signal photo violation-monitoring
system; provided however that no owner of a vehicle shall be liable for
a penalty imposed pursuant to this section where the operator of such
vehicle has been convicted of the underlying violation of subdivision
(d) of section eleven hundred eleven of this article.
(c) For purposes of this section, "owner" shall have the meaning
provided in article two-B of this chapter. For purposes of this section,
"traffic-control signal photo violation-monitoring system" shall mean a
vehicle sensor installed to work in conjunction with a traffic-control
signal which automatically produces two or more photographs, two or more
microphotographs, a videotape or other recorded images of each vehicle
at the time it is used or operated in violation of subdivision (d) of
section eleven hundred eleven of this article.
(d) A certificate, sworn to or affirmed by a technician employed by
the city of Yonkers in which the charged violation occurred, or a
facsimile thereof, based upon inspection of photographs,
microphotographs, videotape or other recorded images produced by a
traffic-control signal photo violation-monitoring system, shall be prima
facie evidence of the facts contained therein. Any photographs,
microphotographs, videotape or other recorded images evidencing such a
violation shall be available for inspection in any proceeding to
adjudicate the liability for such violation pursuant to a local law or
ordinance adopted pursuant to this section.
(e) An owner liable for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to a local law or
ordinance adopted pursuant to this section shall be liable for monetary
penalties in accordance with a schedule of fines and penalties to be set
forth in such local law or ordinance, except that if such city by local
law has authorized the adjudication of such owner liability by a parking
violations bureau, such schedule shall be promulgated by such bureau.
The liability of the owner pursuant to this section shall not exceed
fifty dollars for each violation; provided, however, that such local law
or ordinance may provide for an additional penalty not in excess of
twenty-five dollars for each violation for the failure to respond to a
notice of liability within the prescribed time period.
(f) An imposition of liability under a local law or ordinance adopted
pursuant to this section shall not be deemed a conviction as an operator
and shall not be made part of the operating record of the person upon
whom such liability is imposed nor shall it be used for insurance
purposes in the provision of motor vehicle insurance coverage.
(g) 1. A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section. Personal delivery on the owner shall not be required. A manual
or automatic record of mailing prepared in the ordinary course of
business shall be prima facie evidence of the facts contained therein.
2. A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section, the registration number of the vehicle involved in such
violation, the location where such violation took place, the date and
time of such violation and the identification number of the camera which
recorded the violation or other document locator number.
3. The notice of liability shall contain information advising the
person charged of the manner and the time in which he may contest the
liability alleged in the notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to contest
in the manner and time provided shall be deemed an admission of
liability and that a default judgment may be entered thereon.
4. The notice of liability shall be prepared and mailed by the city of
Yonkers, or by any other entity authorized by such city to prepare and
mail such notification of violation.
(h) Adjudication of the liability imposed upon owners by this section
shall be by a traffic violations bureau established pursuant to section
three hundred seventy of the general municipal law or, if there be none,
by the court having jurisdiction over traffic infractions, except that
if such city has established an administrative tribunal to hear and
determine complaints of traffic infractions constituting parking,
standing or stopping violations such city may, by local law, authorize
such adjudication by such tribunal.
(i) If an owner receives a notice of liability pursuant to this
section for any time period during which the vehicle was reported to the
police department as having been stolen, it shall be a valid defense to
an allegation of liability for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to this section that the
vehicle had been reported to the police as stolen prior to the time the
violation occurred and had not been recovered by such time. For purposes
of asserting the defense provided by this subdivision it shall be
sufficient that a certified copy of the police report on the stolen
vehicle be sent by first class mail to the traffic violations bureau,
court having jurisdiction or parking violations bureau.
(j) 1. In such city where the adjudication of liability imposed upon
owners pursuant to this section is by a traffic violations bureau or a
court having jurisdiction, an owner who is a lessor of a vehicle to
which a notice of liability was issued pursuant to subdivision (g) of
this section shall not be liable for the violation of subdivision (d) of
section eleven hundred eleven of this article, provided that he or she
sends to the traffic violations bureau or court having jurisdiction a
copy of the rental, lease or other such contract document covering such
vehicle on the date of the violation, with the name and address of the
lessee clearly legible, within thirty-seven days after receiving notice
from the bureau or court of the date and time of such violation,
together with the other information contained in the original notice of
liability. Failure to send such information within such thirty-seven day
time period shall render the owner liable for the penalty prescribed by
this section. Where the lessor complies with the provisions of this
paragraph, the lessee of such vehicle on the date of such violation
shall be deemed to be the owner of such vehicle for purposes of this
section, shall be subject to liability for the violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section and shall be sent a notice of liability pursuant to subdivision
(g) of this section.
2. (i) In such city which, by local law, has authorized the
adjudication of liability imposed upon owners by this section by a
parking violations bureau, an owner who is a lessor of a vehicle to
which a notice of liability was issued pursuant to subdivision (g) of
this section shall not be liable for the violation of subdivision (d) of
section eleven hundred eleven of this article, provided that:
(A) prior to the violation, the lessor has filed with the bureau in
accordance with the provisions of section two hundred thirty-nine of
this chapter; and
(B) within thirty-seven days after receiving notice from the bureau of
the date and time of a liability, together with the other information
contained in the original notice of liability, the lessor submits to the
bureau the correct name and address of the lessee of the vehicle
identified in the notice of liability at the time of such violation,
together with such other additional information contained in the rental,
lease or other contract document, as may be reasonably required by the
bureau pursuant to regulations that may be promulgated for such purpose.
(ii) Failure to comply with clause (B) of subparagraph (i) of this
paragraph shall render the owner liable for the penalty prescribed in
this section.
(iii) Where the lessor complies with the provisions of this paragraph,
the lessee of such vehicle on the date of such violation shall be deemed
to be the owner of such vehicle for purposes of this section, shall be
subject to liability for such violation pursuant to this section and
shall be sent a notice of liability pursuant to subdivision (g) of this
section.
(k) 1. If the owner liable for a violation of subdivision (d) of
section eleven hundred eleven of this article pursuant to this section
was not the operator of the vehicle at the time of the violation, the
owner may maintain an action for indemnification against the operator.
2. Notwithstanding any other provision of this section, no owner of a
vehicle shall be subject to a monetary fine imposed pursuant to this
section if the operator of such vehicle was operating such vehicle
without the consent of the owner at the time such operator failed to
obey a traffic-control indication. For purposes of this subdivision
there shall be a presumption that the operator of such vehicle was
operating such vehicle with the consent of the owner at the time such
operator failed to obey a traffic-control indication.
(l) Nothing in this section shall be construed to limit the liability
of an operator of a vehicle for any violation of subdivision (d) of
section eleven hundred eleven of this article.
(m) In any such city which adopts a demonstration program pursuant to
subdivision (a) of this section, such city shall submit an annual report
on the results of the use of a traffic-control signal photo
violation-monitoring system to the governor, the temporary president of
the senate and the speaker of the assembly on or before June first, two
thousand ten and on the same date in each succeeding year in which the
demonstration program is operable. Such report shall include, but not be
limited to:
1. a description of the locations where traffic-control signal photo
violation-monitoring systems were used;
2. the aggregate number, type and severity of accidents reported at
intersections where a traffic-control signal photo violation-monitoring
system is used for the year preceding the installation of such system,
to the extent the information is maintained by the department of motor
vehicles of this state;
3. the aggregate number, type and severity of accidents reported at
intersections where a traffic-control signal photo violation-monitoring
system is used, to the extent the information is maintained by the
department of motor vehicles of this state;
4. the number of violations recorded at each intersection where a
traffic-control signal photo violation-monitoring system is used and in
the aggregate on a daily, weekly and monthly basis;
5. the total number of notices of liability issued for violations
recorded by such systems;
6. the number of fines and total amount of fines paid after first
notice of liability issued for violations recorded by such systems;
7. the number of violations adjudicated and results of such
adjudications including breakdowns of dispositions made for violations
recorded by such systems;
8. the total amount of revenue realized by such city from such
adjudications;
9. expenses incurred by such city in connection with the program; and
10. quality of the adjudication process and its results.
(n) It shall be a defense to any prosecution for a violation of
subdivision (d) of section eleven hundred eleven of this article
pursuant to a local law or ordinance adopted pursuant to this section
that such traffic-control indications were malfunctioning at the time of
the alleged violation.
* NB Repealed December 1, 2019
* NB There are 4 S 1111-b's
* S 1111-b*3. Owner liability for failure of operator to comply with
traffic-control indications. (a) 1. Notwithstanding any other provision
of law, the city of Buffalo is hereby authorized and empowered to adopt
and amend a local law or ordinance establishing a demonstration program
imposing monetary liability on the owner of a vehicle for failure of an
operator thereof to comply with traffic-control indications in such city
in accordance with the provisions of this section. Such demonstration
program shall empower such city to install and operate traffic-control
signal photo violation-monitoring devices at no more than fifty
intersections within such city at any one time.
2. Such demonstration program shall utilize necessary technologies to
ensure, to the extent practicable, that photographs produced by such
traffic-control signal photo violation-monitoring systems shall not
include images that identify the driver, the passengers, or the contents
of the vehicle. Provided, however, that no notice of liability issued
pursuant to this section shall be dismissed solely because a photograph
or photographs allow for the identification of the contents of a
vehicle, provided that such city has made a reasonable effort to comply
with the provisions of this paragraph.
(b) In any such city which has adopted a local law or ordinance
pursuant to subdivision (a) of this section, the owner of a vehicle
shall be liable for a penalty imposed pursuant to this section if such
vehicle was used or operated with the permission of the owner, express
or implied, in violation of subdivision (d) of section eleven hundred
eleven of this article, and such violation is evidenced by information
obtained from a traffic-control signal photo violation-monitoring
system; provided however that no owner of a vehicle shall be liable for
a penalty imposed pursuant to this section where the operator of such
vehicle has been convicted of the underlying violation of subdivision
(d) of section eleven hundred eleven of this article.
(c) For purposes of this section, "owner" shall have the meaning
provided in article two-B of this chapter. For purposes of this section,
"traffic-control signal photo violation-monitoring system" shall mean a
vehicle sensor installed to work in conjunction with a traffic-control
signal which automatically produces two or more photographs, two or more
microphotographs, a videotape or other recorded images of each vehicle
at the time it is used or operated in violation of subdivision (d) of
section eleven hundred eleven of this article.
(d) A certificate, sworn to or affirmed by a technician employed by
the city of Buffalo in which the charged violation occurred, or a
facsimile thereof, based upon inspection of photographs,
microphotographs, videotape or other recorded images produced by a
traffic-control signal photo violation-monitoring system, shall be prima
facie evidence of the facts contained therein. Any photographs,
microphotographs, videotape or other recorded images evidencing such a
violation shall be available for inspection in any proceeding to
adjudicate the liability for such violation pursuant to a local law or
ordinance adopted pursuant to this section.
(e) An owner liable for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to a local law or
ordinance adopted pursuant to this section shall be liable for monetary
penalties in accordance with a schedule of fines and penalties to be set
forth in such local law or ordinance, except that if such city by local
law has authorized the adjudication of such owner liability by a parking
violations bureau, such schedule shall be promulgated by such bureau.
The liability of the owner pursuant to this section shall not exceed
fifty dollars for each violation; provided, however, that such local law
or ordinance may provide for an additional penalty not in excess of
twenty-five dollars for each violation for the failure to respond to a
notice of liability within the prescribed time period.
(f) An imposition of liability under a local law or ordinance adopted
pursuant to this section shall not be deemed a conviction as an operator
and shall not be made part of the operating record of the person upon
whom such liability is imposed nor shall it be used for insurance
purposes in the provision of motor vehicle insurance coverage.
(g) 1. A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section. Personal delivery on the owner shall not be required. A manual
or automatic record of mailing prepared in the ordinary course of
business shall be prima facie evidence of the facts contained therein.
2. A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section, the registration number of the vehicle involved in such
violation, the location where such violation took place, the date and
time of such violation and the identification number of the camera which
recorded the violation or other document locator number.
3. The notice of liability shall contain information advising the
person charged of the manner and the time in which he may contest the
liability alleged in the notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to contest
in the manner and time provided shall be deemed an admission of
liability and that a default judgment may be entered thereon.
4. The notice of liability shall be prepared and mailed by the city of
Buffalo, or by any other entity authorized by such city to prepare and
mail such notification of violation.
(h) Adjudication of the liability imposed upon owners by this section
shall be by the court having jurisdiction over traffic infractions,
except that if such city has established an administrative tribunal to
hear and determine complaints of traffic infractions constituting
parking, standing or stopping violations such city may, by local law,
authorize such adjudication by such tribunal.
(i) If an owner receives a notice of liability pursuant to this
section for any time period during which the vehicle was reported to the
police department as having been stolen, it shall be a valid defense to
an allegation of liability for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to this section that the
vehicle had been reported to the police as stolen prior to the time the
violation occurred and had not been recovered by such time. For purposes
of asserting the defense provided by this subdivision it shall be
sufficient that a certified copy of the police report on the stolen
vehicle be sent by first class mail to the traffic violations bureau,
court having jurisdiction or parking violations bureau.
(j) 1. In such city where the adjudication of liability imposed upon
owners pursuant to this section is by a court having jurisdiction, an
owner who is a lessor of a vehicle to which a notice of liability was
issued pursuant to subdivision (g) of this section shall not be liable
for the violation of subdivision (d) of section eleven hundred eleven of
this article, provided that he or she sends to the court having
jurisdiction a copy of the rental, lease or other such contract document
covering such vehicle on the date of the violation, with the name and
address of the lessee clearly legible, within thirty-seven days after
receiving notice from the court of the date and time of such violation,
together with the other information contained in the original notice of
liability. Failure to send such information within such thirty-seven day
time period shall render the owner liable for the penalty prescribed by
this section. Where the lessor complies with the provisions of this
paragraph, the lessee of such vehicle on the date of such violation
shall be deemed to be the owner of such vehicle for purposes of this
section, shall be subject to liability for the violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section and shall be sent a notice of liability pursuant to subdivision
(g) of this section.
2. (i) In such city which, by local law, has authorized the
adjudication of liability imposed upon owners by this section by a
parking violations bureau, an owner who is a lessor of a vehicle to
which a notice of liability was issued pursuant to subdivision (g) of
this section shall not be liable for the violation of subdivision (d) of
section eleven hundred eleven of this article, provided that:
(A) prior to the violation, the lessor has filed with the bureau in
accordance with the provisions of section two hundred thirty-nine of
this chapter; and
(B) within thirty-seven days after receiving notice from the bureau of
the date and time of a liability, together with the other information
contained in the original notice of liability, the lessor submits to the
bureau the correct name and address of the lessee of the vehicle
identified in the notice of liability at the time of such violation,
together with such other additional information contained in the rental,
lease or other contract document, as may be reasonably required by the
bureau pursuant to regulations that may be promulgated for such purpose.
(ii) Failure to comply with clause (B) of subparagraph (i) of this
paragraph shall render the owner liable for the penalty prescribed in
this section.
(iii) Where the lessor complies with the provisions of this paragraph,
the lessee of such vehicle on the date of such violation shall be deemed
to be the owner of such vehicle for purposes of this section, shall be
subject to liability for such violation pursuant to this section and
shall be sent a notice of liability pursuant to subdivision (g) of this
section.
(k) 1. If the owner liable for a violation of subdivision (d) of
section eleven hundred eleven of this article pursuant to this section
was not the operator of the vehicle at the time of the violation, the
owner may maintain an action for indemnification against the operator.
2. Notwithstanding any other provision of this section, no owner of a
vehicle shall be subject to a monetary fine imposed pursuant to this
section if the operator of such vehicle was operating such vehicle
without the consent of the owner at the time such operator failed to
obey a traffic-control indication. For purposes of this subdivision
there shall be a presumption that the operator of such vehicle was
operating such vehicle with the consent of the owner at the time such
operator failed to obey a traffic-control indication.
(l) Nothing in this section shall be construed to limit the liability
of an operator of a vehicle for any violation of subdivision (d) of
section eleven hundred eleven of this article.
(m) In any such city which adopts a demonstration program pursuant to
subdivision (a) of this section, such city shall submit an annual report
on the results of the use of a traffic-control signal photo
violation-monitoring system to the governor, the temporary president of
the senate and the speaker of the assembly on or before June first, two
thousand ten and on the same date in each succeeding year in which the
demonstration program is operable. Such report shall include, but not be
limited to:
1. a description of the locations where traffic-control signal photo
violation-monitoring systems were used;
2. the aggregate number, type and severity of accidents reported at
intersections where a traffic-control signal photo violation-monitoring
system is used for the year preceding the installation of such system,
to the extent the information is maintained by the department of motor
vehicles of this state;
3. the aggregate number, type and severity of accidents reported at
intersections where a traffic-control signal photo violation-monitoring
system is used, to the extent the information is maintained by the
department of motor vehicles of this state;
4. the number of violations recorded at each intersection where a
traffic-control signal photo violation-monitoring system is used and in
the aggregate on a daily, weekly and monthly basis;
5. the total number of notices of liability issued for violations
recorded by such systems;
6. the number of fines and total amount of fines paid after first
notice of liability issued for violations recorded by such systems;
7. the number of violations adjudicated and results of such
adjudications including breakdowns of dispositions made for violations
recorded by such systems;
8. the total amount of revenue realized by such city from such
adjudications;
9. expenses incurred by such city in connection with the program; and
10. quality of the adjudication process and its results.
(n) It shall be a defense to any prosecution for a violation of
subdivision (d) of section eleven hundred eleven of this article
pursuant to a local law or ordinance adopted pursuant to this section
that such traffic-control indications were malfunctioning at the time of
the alleged violation.
* NB Repealed December 1, 2019
* NB There are 4 S 1111-b's
* S 1111-b*4. Owner liability for failure of operator to comply with
traffic-control indications. (a) 1. Notwithstanding any other provision
of law, the city of Rochester is hereby authorized and empowered to
adopt and amend a local law or ordinance establishing a demonstration
program imposing monetary liability on the owner of a vehicle for
failure of an operator thereof to comply with traffic-control
indications in such city in accordance with the provisions of this
section. Such demonstration program shall empower such city to install
and operate traffic-control signal photo violation-monitoring devices at
no more than fifty intersections within such city at any one time.
2. Such demonstration program shall utilize necessary technologies to
ensure, to the extent practicable, that photographs produced by such
traffic-control signal photo violation-monitoring systems shall not
include images that identify the driver, the passengers, or the contents
of the vehicle. Provided, however, that no notice of liability issued
pursuant to this section shall be dismissed solely because a photograph
or photographs allow for the identification of the contents of a
vehicle, provided that such city has made a reasonable effort to comply
with the provisions of this paragraph.
(b) In any such city which has adopted a local law or ordinance
pursuant to subdivision (a) of this section, the owner of a vehicle
shall be liable for a penalty imposed pursuant to this section if such
vehicle was used or operated with the permission of the owner, express
or implied, in violation of subdivision (d) of section eleven hundred
eleven of this article, and such violation is evidenced by information
obtained from a traffic-control signal photo violation-monitoring
system; provided however that no owner of a vehicle shall be liable for
a penalty imposed pursuant to this section where the operator of such
vehicle has been convicted of the underlying violation of subdivision
(d) of section eleven hundred eleven of this article.
(c) For purposes of this section, "owner" shall have the meaning
provided in article two-B of this chapter. For purposes of this section,
"traffic-control signal photo violation-monitoring system" shall mean a
vehicle sensor installed to work in conjunction with a traffic-control
signal which automatically produces two or more photographs, two or more
microphotographs, a videotape or other recorded images of each vehicle
at the time it is used or operated in violation of subdivision (d) of
section eleven hundred eleven of this article.
(d) A certificate, sworn to or affirmed by a technician employed by
the city of Rochester in which the charged violation occurred, or a
facsimile thereof, based upon inspection of photographs,
microphotographs, videotape or other recorded images produced by a
traffic-control signal photo violation-monitoring system, shall be prima
facie evidence of the facts contained therein. Any photographs,
microphotographs, videotape or other recorded images evidencing such a
violation shall be available for inspection in any proceeding to
adjudicate the liability for such violation pursuant to a local law or
ordinance adopted pursuant to this section.
(e) An owner liable for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to a local law or
ordinance adopted pursuant to this section shall be liable for monetary
penalties in accordance with a schedule of fines and penalties to be set
forth in such local law or ordinance, except that if such city by local
law has authorized the adjudication of such owner liability by a parking
violations bureau, such schedule shall be promulgated by such bureau.
The liability of the owner pursuant to this section shall not exceed
fifty dollars for each violation; provided, however, that such local law
or ordinance may provide for an additional penalty not in excess of
twenty-five dollars for each violation for the failure to respond to a
notice of liability within the prescribed time period.
(f) An imposition of liability under a local law or ordinance adopted
pursuant to this section shall not be deemed a conviction as an operator
and shall not be made part of the operating record of the person upon
whom such liability is imposed nor shall it be used for insurance
purposes in the provision of motor vehicle insurance coverage.
(g) 1. A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section. Personal delivery on the owner shall not be required. A manual
or automatic record of mailing prepared in the ordinary course of
business shall be prima facie evidence of the facts contained therein.
2. A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section, the registration number of the vehicle involved in such
violation, the location where such violation took place, the date and
time of such violation and the identification number of the camera which
recorded the violation or other document locator number.
3. The notice of liability shall contain information advising the
person charged of the manner and the time in which he may contest the
liability alleged in the notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to contest
in the manner and time provided shall be deemed an admission of
liability and that a default judgment may be entered thereon.
4. The notice of liability shall be prepared and mailed by the city of
Rochester, or by any other entity authorized by such city to prepare and
mail such notification of violation.
(h) Adjudication of the liability imposed upon owners by this section
shall be by the court having jurisdiction over traffic infractions,
except that if such city has established an administrative tribunal to
hear and determine complaints of traffic infractions constituting
parking, standing or stopping violations such city may, by local law,
authorize such adjudication by such tribunal.
(i) If an owner receives a notice of liability pursuant to this
section for any time period during which the vehicle was reported to the
police department as having been stolen, it shall be a valid defense to
an allegation of liability for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to this section that the
vehicle had been reported to the police as stolen prior to the time the
violation occurred and had not been recovered by such time. For purposes
of asserting the defense provided by this subdivision it shall be
sufficient that a certified copy of the police report on the stolen
vehicle be sent by first class mail to the traffic violations bureau,
court having jurisdiction or parking violations bureau.
(j) 1. In such city where the adjudication of liability imposed upon
owners pursuant to this section is by a court having jurisdiction, an
owner who is a lessor of a vehicle to which a notice of liability was
issued pursuant to subdivision (g) of this section shall not be liable
for the violation of subdivision (d) of section eleven hundred eleven of
this article, provided that he or she sends to the court having
jurisdiction a copy of the rental, lease or other such contract document
covering such vehicle on the date of the violation, with the name and
address of the lessee clearly legible, within thirty-seven days after
receiving notice from the court of the date and time of such violation,
together with the other information contained in the original notice of
liability. Failure to send such information within such thirty-seven day
time period shall render the owner liable for the penalty prescribed by
this section. Where the lessor complies with the provisions of this
paragraph, the lessee of such vehicle on the date of such violation
shall be deemed to be the owner of such vehicle for purposes of this
section, shall be subject to liability for the violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section and shall be sent a notice of liability pursuant to subdivision
(g) of this section.
2. (i) In such city which, by local law, has authorized the
adjudication of liability imposed upon owners by this section by a
parking violations bureau, an owner who is a lessor of a vehicle to
which a notice of liability was issued pursuant to subdivision (g) of
this section shall not be liable for the violation of subdivision (d) of
section eleven hundred eleven of this article, provided that:
(A) prior to the violation, the lessor has filed with the bureau in
accordance with the provisions of section two hundred thirty-nine of
this chapter; and
(B) within thirty-seven days after receiving notice from the bureau of
the date and time of a liability, together with the other information
contained in the original notice of liability, the lessor submits to the
bureau the correct name and address of the lessee of the vehicle
identified in the notice of liability at the time of such violation,
together with such other additional information contained in the rental,
lease or other contract document, as may be reasonably required by the
bureau pursuant to regulations that may be promulgated for such purpose.
(ii) Failure to comply with clause (B) of subparagraph (i) of this
paragraph shall render the owner liable for the penalty prescribed in
this section.
(iii) Where the lessor complies with the provisions of this paragraph,
the lessee of such vehicle on the date of such violation shall be deemed
to be the owner of such vehicle for purposes of this section, shall be
subject to liability for such violation pursuant to this section and
shall be sent a notice of liability pursuant to subdivision (g) of this
section.
(k) 1. If the owner liable for a violation of subdivision (d) of
section eleven hundred eleven of this article pursuant to this section
was not the operator of the vehicle at the time of the violation, the
owner may maintain an action for indemnification against the operator.
2. Notwithstanding any other provision of this section, no owner of a
vehicle shall be subject to a monetary fine imposed pursuant to this
section if the operator of such vehicle was operating such vehicle
without the consent of the owner at the time such operator failed to
obey a traffic-control indication. For purposes of this subdivision
there shall be a presumption that the operator of such vehicle was
operating such vehicle with the consent of the owner at the time such
operator failed to obey a traffic-control indication.
(l) Nothing in this section shall be construed to limit the liability
of an operator of a vehicle for any violation of subdivision (d) of
section eleven hundred eleven of this article.
(m) In any such city which adopts a demonstration program pursuant to
subdivision (a) of this section, such city shall submit an annual report
on the results of the use of a traffic-control signal photo
violation-monitoring system to the governor, the temporary president of
the senate and the speaker of the assembly on or before June first, two
thousand ten and on the same date in each succeeding year in which the
demonstration program is operable. Such report shall include, but not be
limited to:
1. a description of the locations where traffic-control signal photo
violation-monitoring systems were used;
2. the aggregate number, type and severity of accidents reported at
intersections where a traffic-control signal photo violation-monitoring
system is used for the year preceding the installation of such system,
to the extent the information is maintained by the department of motor
vehicles of this state;
3. the aggregate number, type and severity of accidents reported at
intersections where a traffic-control signal photo violation-monitoring
system is used, to the extent the information is maintained by the
department of motor vehicles of this state;
4. the number of violations recorded at each intersection where a
traffic-control signal photo violation-monitoring system is used and in
the aggregate on a daily, weekly and monthly basis;
5. the total number of notices of liability issued for violations
recorded by such systems;
6. the number of fines and total amount of fines paid after first
notice of liability issued for violations recorded by such systems;
7. the number of violations adjudicated and results of such
adjudications including breakdowns of dispositions made for violations
recorded by such systems;
8. the total amount of revenue realized by such city from such
adjudications;
9. expenses incurred by such city in connection with the program; and
10. quality of the adjudication process and its results.
(n) It shall be a defense to any prosecution for a violation of
subdivision (d) of section eleven hundred eleven of this article
pursuant to a local law or ordinance adopted pursuant to this section
that such traffic-control indications were malfunctioning at the time of
the alleged violation.
* NB Repealed December 1, 2019
* NB There are 4 S 1111-b's
* S 1111-c. Owner liability for failure of operator to comply with bus
lane restrictions. (a) 1. Notwithstanding any other provision of law,
the city of New York is hereby authorized and empowered to establish a
bus rapid transit demonstration program imposing monetary liability on
the owner of a vehicle for failure of an operator thereof to comply with
bus lane restrictions in such city in accordance with the provisions of
this section. The New York city department of transportation or
applicable mass transit agency, for purposes of the implementation of
such program, shall operate bus lane photo devices only within such bus
rapid transit demonstration program and on select bus service lanes in
such city. Such bus lane photo devices may be stationary or mobile and
shall be activated at locations determined by such department of
transportation and/or on buses selected by such department of
transportation in consultation with the applicable mass transit agency.
2. Any image or images captured by bus lane photo devices shall be
inadmissible in any disciplinary proceeding convened by the applicable
mass transit agency or any subsidiary thereof and any proceeding
initiated by the department involving licensure privileges of bus
operators. Any mobile bus lane photo device mounted on a bus shall be
directed outwardly from such bus to capture images of vehicles operated
in violation of bus lane restrictions, and images produced by such
device shall not be used for any other purpose in the absence of a court
order requiring such images to be produced.
3. The city of New York shall adopt and enforce measures to protect
the privacy of drivers, passengers, pedestrians and cyclists whose
identity and identifying information may be captured by a bus lane photo
device. Such measures shall include:
(i) utilization of necessary technologies to ensure, to the extent
practicable, that images produced by such bus lane photo devices shall
not include images that identify the driver, the passengers, or the
contents of the vehicle, provided, however, that no notice of liability
issued pursuant to this section shall be dismissed solely because an
image allows for the identification of the driver, the passengers or
other contents of a vehicle;
(ii) a prohibition on the use or dissemination of vehicles' license
plate information and other information and images captured by bus lane
photo devices except: (A) as required to establish liability under this
section or collect payment of penalties; (B) as required by court order;
or (C) as otherwise required by law;
(iii) the installation of signage at regular intervals within
restricted bus lanes stating that bus lane photo devices are used to
enforce restrictions on vehicular traffic in bus lanes; and
(iv) oversight procedures to ensure compliance with the aforementioned
privacy protection measures.
4. Within the city of New York, such bus lane photo devices shall only
be operated on designated bus lanes that are select bus service lanes
within the bus rapid transit demonstration program and only during
weekdays from 7:00 a.m. to 7:00 p.m.
(b) If the city of New York has established a bus rapid transit
demonstration program pursuant to subdivision (a) of this section, the
owner of a vehicle shall be liable for a penalty imposed pursuant to
this section if such vehicle was used or operated with the permission of
the owner, express or implied, in violation of any bus lane restrictions
that apply to routes within such demonstration program, and such
violation is evidenced by information obtained from a bus lane photo
device; provided however that no owner of a vehicle shall be liable for
a penalty imposed pursuant to this section where the operator of such
vehicle has been convicted of the underlying violation of any bus lane
restrictions.
(c) For purposes of this section, the following terms shall have the
following meanings:
1. "owner" shall have the meaning provided in article two-B of this
chapter.
2. "bus lane photo device" shall mean a device that is capable of
operating independently of an enforcement officer and produces one or
more images of each vehicle at the time it is in violation of bus lane
restrictions.
3. "bus lane restrictions" shall mean restrictions on the use of
designated traffic lanes by vehicles other than buses imposed on routes
within a bus rapid transit demonstration program by local law and signs
erected by the department of transportation of a city that establishes
such a demonstration program pursuant to this section.
4. "Bus Rapid Transit Phase I plan" shall mean the following five bus
rapid transit routes as designated by the New York city department of
transportation: Fordham Road, First/Second Avenue, Nostrand Avenue,
Thirty-Fourth Street, Hylan Boulevard, and an undesignated route in the
borough of Queens not to exceed ten miles. For purposes of the Fordham
Road and First/Second Avenue routes, the authorization of this pilot
program is limited to the designated bus lanes as mapped and posted on
the official metropolitan transportation authority website as of June
seventeenth, two thousand ten. Such designated bus lanes shall not be
extended, shifted to another roadway or altered in any other way.
Provided, however, that nothing shall prohibit the alteration or
addition of any bus stops within such mapped routes.
5. "select bus service lane" shall mean a designated bus lane that
includes upgraded signage, enhanced road markings, and minimum bus stop
spacing, and may include off-board fare payment, traffic signal priority
for buses, and any other enhancement that increases bus speed or
reliability within the "Bus Rapid Transit Phase I" plan.
6. "bus rapid transit demonstration program" shall mean a pilot
program that operates exclusively on select bus service lanes within the
"Bus Rapid Transit Phase I" plan pursuant to this section. Provided,
however, to utilize a bus lane photo device pursuant to this program,
the roadway, except for the 34th Street and Nostrand Avenue bus rapid
transit routes, must have at least two lanes of traffic in the same
direction in addition to the select bus service lane.
7. "designated bus lane" shall mean a lane dedicated for the exclusive
use of buses with the exceptions allowed under 4-12(m) and 4-08(a)(3) of
title 34 of the rules of the city of New York.
(d) A certificate, sworn to or affirmed by a technician employed by
the city in which the charged violation occurred, or a facsimile
thereof, based upon inspection of photographs, microphotographs,
videotape or other recorded images produced by a bus lane photo device,
shall be prima facie evidence of the facts contained therein. Any
photographs, microphotographs, videotape or other recorded images
evidencing such a violation shall be available for inspection in any
proceeding to adjudicate the liability for such violation pursuant to
this section.
(e) An owner liable for a violation of a bus lane restriction imposed
on any route within a bus rapid transit demonstration program shall be
liable for monetary penalties in accordance with a schedule of fines and
penalties promulgated by the parking violations bureau of the city of
New York; provided, however, that the monetary penalty for violating a
bus lane restriction shall not exceed one hundred fifteen dollars;
provided, further, that an owner shall be liable for an additional
penalty not to exceed twenty-five dollars for each violation for the
failure to respond to a notice of liability within the prescribed time
period.
(f) An imposition of liability pursuant to this section shall not be
deemed a conviction of an operator and shall not be made part of the
operating record of the person upon whom such liability is imposed, nor
shall it be used for insurance purposes in the provision of motor
vehicle insurance coverage.
(g) 1. A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of a bus lane
restriction. Personal delivery to the owner shall not be required. A
manual or automatic record of mailing prepared in the ordinary course of
business shall be prima facie evidence of the facts contained therein.
2. A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of a bus lane
restriction, the registration number of the vehicle involved in such
violation, the location where such violation took place including the
street address or cross streets, one or more images identifying the
violation, the date and time of such violation and the identification
number of the bus lane photo device which recorded the violation or
other document locator number.
3. The notice of liability shall contain information advising the
person charged of the manner and the time in which he or she may contest
the liability alleged in the notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to contest
in the manner and time provided shall be deemed an admission of
liability and that a default judgment may be entered thereon.
4. The notice of liability shall be prepared and mailed by the agency
or agencies designated by the city of New York, or any other entity
authorized by such city to prepare and mail such notification of
violation.
5. Adjudication of the liability imposed upon owners by this section
shall be by the New York city parking violations bureau.
(h) If an owner of a vehicle receives a notice of liability pursuant
to this section for any time period during which such vehicle was
reported to the police department as having been stolen, it shall be a
valid defense to an allegation of liability for a violation of a bus
lane restriction that the vehicle had been reported to the police as
stolen prior to the time the violation occurred and had not been
recovered by such time. For purposes of asserting the defense provided
by this subdivision it shall be sufficient that a certified copy of the
police report on the stolen vehicle be sent by first class mail to the
parking violations bureau of such city.
(i) 1. An owner who is a lessor of a vehicle to which a notice of
liability was issued pursuant to subdivision (g) of this section shall
not be liable for the violation of a bus lane restriction, provided
that:
(i) prior to the violation, the lessor has filed with such parking
violations bureau in accordance with the provisions of section two
hundred thirty-nine of this chapter; and
(ii) within thirty-seven days after receiving notice from such bureau
of the date and time of a liability, together with the other information
contained in the original notice of liability, the lessor submits to
such bureau the correct name and address of the lessee of the vehicle
identified in the notice of liability at the time of such violation,
together with such other additional information contained in the rental,
lease or other contract document, as may be reasonably required by such
bureau pursuant to regulations that may be promulgated for such purpose.
2. Failure to comply with subparagraph (ii) of paragraph one of this
subdivision shall render the lessor liable for the penalty prescribed in
this section.
3. Where the lessor complies with the provisions of paragraph one of
this subdivision, the lessee of such vehicle on the date of such
violation shall be deemed to be the owner of such vehicle for purposes
of this section, shall be subject to liability for such violation
pursuant to this section and shall be sent a notice of liability
pursuant to subdivision (g) of this section.
(j) If the owner liable for a violation of a bus lane restriction was
not the operator of the vehicle at the time of the violation, the owner
may maintain an action for indemnification against the operator.
(k) Nothing in this section shall be construed to limit the liability
of an operator of a vehicle for any violation of bus lane restrictions.
(l) If the city of New York adopts a bus rapid transit demonstration
program pursuant to subdivision (a) of this section it shall submit a
report on the results of the use of bus lane photo devices to the
governor, the temporary president of the senate and the speaker of the
assembly by April first, two thousand twelve and every two years
thereafter. Such report shall include, but not be limited to:
1. a description of the locations and/or buses where bus lane photo
devices were used;
2. the total number of violations recorded on a monthly and annual
basis;
3. the total number of notices of liability issued;
4. the number of fines and total amount of fines paid after the first
notice of liability;
5. the number of violations adjudicated and results of such
adjudications including breakdowns of dispositions made;
6. the total amount of revenue realized by such city and any
participating mass transit agency;
7. the quality of the adjudication process and its results;
8. the total number of cameras by type of camera;
9. the total cost to the city and the total cost to any participating
mass transit agency; and
10. a detailed report on the bus speeds, reliability, and ridership
before and after implementation of the bus rapid transit demonstration
program for each bus route, including current statistics.
* NB Repealed September 20, 2020
* S 1111-d. Owner liability for failure of operator to comply with
traffic-control indications. (a) 1. Notwithstanding any other provision
of law, the city of New Rochelle is hereby authorized and empowered to
adopt and amend a local law or ordinance establishing a demonstration
program imposing monetary liability on the owner of a vehicle for
failure of an operator thereof to comply with traffic-control
indications in such city in accordance with the provisions of this
section. Such demonstration program shall empower such city to install
and operate traffic-control signal photo violation-monitoring devices at
no more than twelve intersections within such city at any one time.
2. Such demonstration program shall utilize necessary technologies to
ensure, to the extent practicable, that photographs produced by such
traffic-control signal photo violation-monitoring systems shall not
include images that identify the driver, the passengers, or the contents
of the vehicle. Provided, however, that no notice of liability issued
pursuant to this section shall be dismissed solely because a photograph
or photographs allow for the identification of the contents of a
vehicle, provided that such city has made a reasonable effort to comply
with the provisions of this paragraph.
(b) In any such city which has adopted a local law or ordinance
pursuant to subdivision (a) of this section, the owner of a vehicle
shall be liable for a penalty imposed pursuant to this section if such
vehicle was used or operated with the permission of the owner, express
or implied, in violation of subdivision (d) of section eleven hundred
eleven of this article, and such violation is evidenced by information
obtained from a traffic-control signal photo violation-monitoring
system; provided however that no owner of a vehicle shall be liable for
a penalty imposed pursuant to this section where the operator of such
vehicle has been convicted of the underlying violation of subdivision
(d) of section eleven hundred eleven of this article.
(c) For purposes of this section, "owner" shall have the meaning
provided in article two-B of this chapter. For purposes of this section,
"traffic-control signal photo violation-monitoring system" shall mean a
vehicle sensor installed to work in conjunction with a traffic-control
signal which automatically produces two or more photographs, two or more
microphotographs, a videotape or other recorded images of each vehicle
at the time it is used or operated in violation of subdivision (d) of
section eleven hundred eleven of this article.
(d) A certificate, sworn to or affirmed by a technician employed by
the city of New Rochelle in which the charged violation occurred, or a
facsimile thereof, based upon inspection of photographs,
microphotographs, videotape or other recorded images produced by a
traffic-control signal photo violation-monitoring system, shall be prima
facie evidence of the facts contained therein. Any photographs,
microphotographs, videotape or other recorded images evidencing such a
violation shall be available for inspection in any proceeding to
adjudicate the liability for such violation pursuant to a local law or
ordinance adopted pursuant to this section.
(e) An owner liable for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to a local law or
ordinance adopted pursuant to this section shall be liable for monetary
penalties in accordance with a schedule of fines and penalties to be set
forth in such local law or ordinance, except that if such city by local
law has authorized the adjudication of such owner liability by a parking
violations bureau, such schedule shall be promulgated by such bureau.
The liability of the owner pursuant to this section shall not exceed
fifty dollars for each violation; provided, however, that such local law
or ordinance may provide for an additional penalty not in excess of
twenty-five dollars for each violation for the failure to respond to a
notice of liability within the prescribed time period.
(f) An imposition of liability under a local law or ordinance adopted
pursuant to this section shall not be deemed a conviction as an operator
and shall not be made part of the operating record of the person upon
whom such liability is imposed nor shall it be used for insurance
purposes in the provision of motor vehicle insurance coverage.
(g) 1. A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section. Personal delivery on the owner shall not be required. A manual
or automatic record of mailing prepared in the ordinary course of
business shall be prima facie evidence of the facts contained therein.
2. A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section, the registration number of the vehicle involved in such
violation, the location where such violation took place, the date and
time of such violation and the identification number of the camera which
recorded the violation or other document locator number.
3. The notice of liability shall contain information advising the
person charged of the manner and the time in which he or she may contest
the liability alleged in the notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to contest
in the manner and time provided shall be deemed an admission of
liability and that a default judgment may be entered thereon.
4. The notice of liability shall be prepared and mailed by the city of
New Rochelle, or by any other entity authorized by such city to prepare
and mail such notification of violation.
(h) Adjudication of the liability imposed upon owners by this section
shall be by a traffic violations bureau established pursuant to section
three hundred seventy of the general municipal law or, if there be none,
by the court having jurisdiction over traffic infractions, except that
if such city has established an administrative tribunal to hear and
determine complaints of traffic infractions constituting parking,
standing or stopping violations such city may, by local law, authorize
such adjudication by such tribunal.
(i) If an owner receives a notice of liability pursuant to this
section for any time period during which the vehicle was reported to the
police department as having been stolen, it shall be a valid defense to
an allegation of liability for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to this section that the
vehicle had been reported to the police as stolen prior to the time the
violation occurred and had not been recovered by such time. For purposes
of asserting the defense provided by this subdivision it shall be
sufficient that a certified copy of the police report on the stolen
vehicle be sent by first class mail to the traffic violations bureau,
court having jurisdiction or parking violations bureau.
(j) 1. In such city where the adjudication of liability imposed upon
owners pursuant to this section is by a traffic violations bureau or a
court having jurisdiction, an owner who is a lessor of a vehicle to
which a notice of liability was issued pursuant to subdivision (g) of
this section shall not be liable for the violation of subdivision (d) of
section eleven hundred eleven of this article, provided that he or she
sends to the traffic violations bureau or court having jurisdiction a
copy of the rental, lease or other such contract document covering such
vehicle on the date of the violation, with the name and address of the
lessee clearly legible, within thirty-seven days after receiving notice
from the bureau or court of the date and time of such violation,
together with the other information contained in the original notice of
liability. Failure to send such information within such thirty-seven day
time period shall render the owner liable for the penalty prescribed by
this section. Where the lessor complies with the provisions of this
paragraph, the lessee of such vehicle on the date of such violation
shall be deemed to be the owner of such vehicle for purposes of this
section, shall be subject to liability for the violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section and shall be sent a notice of liability pursuant to subdivision
(g) of this section.
2. (I) In such city which, by local law, has authorized the
adjudication of liability imposed upon owners by this section by a
parking violations bureau, an owner who is a lessor of a vehicle to
which a notice of liability was issued pursuant to subdivision (g) of
this section shall not be liable for the violation of subdivision (d) of
section eleven hundred eleven of this article, provided that:
(A) prior to the violation, the lessor has filed with the bureau in
accordance with the provisions of section two hundred thirty-nine of
this chapter; and
(B) within thirty-seven days after receiving notice from the bureau of
the date and time of a liability, together with the other information
contained in the original notice of liability, the lessor submits to the
bureau the correct name and address of the lessee of the vehicle
identified in the notice of liability at the time of such violation,
together with such other additional information contained in the rental,
lease or other contract document, as may be reasonably required by the
bureau pursuant to regulations that may be promulgated for such purpose.
(II) Failure to comply with clause (B) of subparagraph (I) of this
paragraph shall render the owner liable for the penalty prescribed in
this section.
(III) Where the lessor complies with the provisions of this paragraph,
the lessee of such vehicle on the date of such violation shall be deemed
to be the owner of such vehicle for purposes of this section, shall be
subject to liability for such violation pursuant to this section and
shall be sent a notice of liability pursuant to subdivision (g) of this
section.
(k) 1. If the owner liable for a violation of subdivision (d) of
section eleven hundred eleven of this article pursuant to this section
was not the operator of the vehicle at the time of the violation, the
owner may maintain an action for indemnification against the operator.
2. Notwithstanding any other provision of this section, no owner of a
vehicle shall be subject to a monetary fine imposed pursuant to this
section if the operator of such vehicle was operating such vehicle
without the consent of the owner at the time such operator failed to
obey a traffic-control indication. For purposes of this subdivision
there shall be a presumption that the operator of such vehicle was
operating such vehicle with the consent of the owner at the time such
operator failed to obey a traffic-control indication.
(l) Nothing in this section shall be construed to limit the liability
of an operator of a vehicle for any violation of subdivision (d) of
section eleven hundred eleven of this article.
(m) In any such city which adopts a demonstration program pursuant to
subdivision (a) of this section, such city shall submit an annual report
on the results of the use of a traffic-control signal photo
violation-monitoring system to the governor, the temporary president of
the senate and the speaker of the assembly on or before June first, two
thousand fifteen and on the same date in each succeeding year in which
the demonstration program is operable. Such report shall include, but
not be limited to:
1. a description of the locations where traffic-control signal photo
violation-monitoring systems were used;
2. the aggregate number, type and severity of accidents reported at
intersections where a traffic-control signal photo violation-monitoring
system is used for the year preceding the installation of such system,
to the extent the information is maintained by the department of motor
vehicles of this state;
3. the aggregate number, type and severity of accidents reported at
intersections where a traffic-control signal photo violation-monitoring
system is used, to the extent the information is maintained by the
department of motor vehicles of this state;
4. the number of violations recorded at each intersection where a
traffic-control signal photo violation-monitoring system is used and in
the aggregate on a daily, weekly and monthly basis;
5. the total number of notices of liability issued for violations
recorded by such systems;
6. the number of fines and total amount of fines paid after first
notice of liability issued for violations recorded by such systems;
7. the number of violations adjudicated and results of such
adjudications including breakdowns of dispositions made for violations
recorded by such systems;
8. the total amount of revenue realized by such city from such
adjudications;
9. expenses incurred by such city in connection with the program; and
10. quality of the adjudication process and its results.
(n) It shall be a defense to any prosecution for a violation of
subdivision (d) of section eleven hundred eleven of this article
pursuant to a local law or ordinance adopted pursuant to this section
that such traffic-control indications were malfunctioning at the time of
the alleged violation.
* NB Repealed August 21, 2019
* NB There are 3 S 1111-d's
* S 1111-d. Owner liability for failure of operator to comply with
traffic-control indications. (a) 1. Notwithstanding any other provision
of law, the city of Mt. Vernon is hereby authorized and empowered to
adopt and amend a local law or ordinance establishing a demonstration
program imposing monetary liability on the owner of a vehicle for
failure of an operator thereof to comply with traffic-control
indications in such city in accordance with the provisions of this
section. Such demonstration program shall empower such city to install
and operate traffic-control signal photo violation-monitoring devices at
no more than twelve intersections within such city at any one time.
2. Such demonstration program shall utilize necessary technologies to
ensure, to the extent practicable, that photographs produced by such
traffic-control signal photo violation-monitoring systems shall not
include images that identify the driver, the passengers, or the contents
of the vehicle. Provided, however, that no notice of liability issued
pursuant to this section shall be dismissed solely because a photograph
or photographs allow for the identification of the contents of a
vehicle, provided that such city has made a reasonable effort to comply
with the provisions of this paragraph.
(b) In any such city which has adopted a local law or ordinance
pursuant to subdivision (a) of this section, the owner of a vehicle
shall be liable for a penalty imposed pursuant to this section if such
vehicle was used or operated with the permission of the owner, express
or implied, in violation of subdivision (d) of section eleven hundred
eleven of this article, and such violation is evidenced by information
obtained from a traffic-control signal photo violation-monitoring
system; provided however that no owner of a vehicle shall be liable for
a penalty imposed pursuant to this section where the operator of such
vehicle has been convicted of the underlying violation of subdivision
(d) of section eleven hundred eleven of this article.
(c) For purposes of this section, "owner" shall have the meaning
provided in article two-B of this chapter. For purposes of this section,
"traffic-control signal photo violation-monitoring system" shall mean a
vehicle sensor installed to work in conjunction with a traffic-control
signal which automatically produces two or more photographs, two or more
microphotographs, a videotape or other recorded images of each vehicle
at the time it is used or operated in violation of subdivision (d) of
section eleven hundred eleven of this article.
(d) A certificate, sworn to or affirmed by a technician employed by
the city of Mt. Vernon in which the charged violation occurred, or a
facsimile thereof, based upon inspection of photographs,
microphotographs, videotape or other recorded images produced by a
traffic-control signal photo violation-monitoring system, shall be prima
facie evidence of the facts contained therein. Any photographs,
microphotographs, videotape or other recorded images evidencing such a
violation shall be available for inspection in any proceeding to
adjudicate the liability for such violation pursuant to a local law or
ordinance adopted pursuant to this section.
(e) An owner liable for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to a local law or
ordinance adopted pursuant to this section shall be liable for monetary
penalties in accordance with a schedule of fines and penalties to be set
forth in such local law or ordinance, except that if such city by local
law has authorized the adjudication of such owner liability by a parking
violations bureau, such schedule shall be promulgated by such bureau.
The liability of the owner pursuant to this section shall not exceed
fifty dollars for each violation; provided, however, that such local law
or ordinance may provide for an additional penalty not in excess of
twenty-five dollars for each violation for the failure to respond to a
notice of liability within the prescribed time period.
(f) An imposition of liability under a local law or ordinance adopted
pursuant to this section shall not be deemed a conviction as an operator
and shall not be made part of the operating record of the person upon
whom such liability is imposed nor shall it be used for insurance
purposes in the provision of motor vehicle insurance coverage.
(g) 1. A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section. Personal delivery on the owner shall not be required. A manual
or automatic record of mailing prepared in the ordinary course of
business shall be prima facie evidence of the facts contained therein.
2. A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section, the registration number of the vehicle involved in such
violation, the location where such violation took place, the date and
time of such violation and the identification number of the camera which
recorded the violation or other document locator number.
3. The notice of liability shall contain information advising the
person charged of the manner and the time in which he or she may contest
the liability alleged in the notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to contest
in the manner and time provided shall be deemed an admission of
liability and that a default judgment may be entered thereon.
4. The notice of liability shall be prepared and mailed by the city of
Mt. Vernon, or by any other entity authorized by such city to prepare
and mail such notification of violation.
(h) Adjudication of the liability imposed upon owners by this section
shall be by a traffic violations bureau established pursuant to section
three hundred seventy of the general municipal law or, if there be none,
by the court having jurisdiction over traffic infractions, except that
if such city has established an administrative tribunal to hear and
determine complaints of traffic infractions constituting parking,
standing or stopping violations such city may, by local law, authorize
such adjudication by such tribunal.
(i) If an owner receives a notice of liability pursuant to this
section for any time period during which the vehicle was reported to the
police department as having been stolen, it shall be a valid defense to
an allegation of liability for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to this section that the
vehicle had been reported to the police as stolen prior to the time the
violation occurred and had not been recovered by such time. For purposes
of asserting the defense provided by this subdivision it shall be
sufficient that a certified copy of the police report on the stolen
vehicle be sent by first class mail to the traffic violations bureau,
court having jurisdiction or parking violations bureau.
(j) 1. In such city where the adjudication of liability imposed upon
owners pursuant to this section is by a traffic violations bureau or a
court having jurisdiction, an owner who is a lessor of a vehicle to
which a notice of liability was issued pursuant to subdivision (g) of
this section shall not be liable for the violation of subdivision (d) of
section eleven hundred eleven of this article, provided that he or she
sends to the traffic violations bureau or court having jurisdiction a
copy of the rental, lease or other such contract document covering such
vehicle on the date of the violation, with the name and address of the
lessee clearly legible, within thirty-seven days after receiving notice
from the bureau or court of the date and time of such violation,
together with the other information contained in the original notice of
liability. Failure to send such information within such thirty-seven day
time period shall render the owner liable for the penalty prescribed by
this section. Where the lessor complies with the provisions of this
paragraph, the lessee of such vehicle on the date of such violation
shall be deemed to be the owner of such vehicle for purposes of this
section, shall be subject to liability for the violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section and shall be sent a notice of liability pursuant to subdivision
(g) of this section.
2. (I) In such city which, by local law, has authorized the
adjudication of liability imposed upon owners by this section by a
parking violations bureau, an owner who is a lessor of a vehicle to
which a notice of liability was issued pursuant to subdivision (g) of
this section shall not be liable for the violation of subdivision (d) of
section eleven hundred eleven of this article, provided that:
(A) prior to the violation, the lessor has filed with the bureau in
accordance with the provisions of section two hundred thirty-nine of
this chapter; and
(B) within thirty-seven days after receiving notice from the bureau of
the date and time of a liability, together with the other information
contained in the original notice of liability, the lessor submits to the
bureau the correct name and address of the lessee of the vehicle
identified in the notice of liability at the time of such violation,
together with such other additional information contained in the rental,
lease or other contract document, as may be reasonably required by the
bureau pursuant to regulations that may be promulgated for such purpose.
(II) Failure to comply with clause (B) of subparagraph (I) of this
paragraph shall render the owner liable for the penalty prescribed in
this section.
(III) Where the lessor complies with the provisions of this paragraph,
the lessee of such vehicle on the date of such violation shall be deemed
to be the owner of such vehicle for purposes of this section, shall be
subject to liability for such violation pursuant to this section and
shall be sent a notice of liability pursuant to subdivision (g) of this
section.
(k) 1. If the owner liable for a violation of subdivision (d) of
section eleven hundred eleven of this article pursuant to this section
was not the operator of the vehicle at the time of the violation, the
owner may maintain an action for indemnification against the operator.
2. Notwithstanding any other provision of this section, no owner of a
vehicle shall be subject to a monetary fine imposed pursuant to this
section if the operator of such vehicle was operating such vehicle
without the consent of the owner at the time such operator failed to
obey a traffic-control indication. For purposes of this subdivision
there shall be a presumption that the operator of such vehicle was
operating such vehicle with the consent of the owner at the time such
operator failed to obey a traffic-control indication.
(l) Nothing in this section shall be construed to limit the liability
of an operator of a vehicle for any violation of subdivision (d) of
section eleven hundred eleven of this article.
(m) In any such city which adopts a demonstration program pursuant to
subdivision (a) of this section, such city shall submit an annual report
on the results of the use of a traffic-control signal photo
violation-monitoring system to the governor, the temporary president of
the senate and the speaker of the assembly on or before June first, two
thousand fifteen and on the same date in each succeeding year in which
the demonstration program is operable. Such report shall include, but
not be limited to:
1. a description of the locations where traffic-control signal photo
violation-monitoring systems were used;
2. the aggregate number, type and severity of accidents reported at
intersections where a traffic-control signal photo violation-monitoring
system is used for the year preceding the installation of such system,
to the extent the information is maintained by the department of motor
vehicles of this state;
3. the aggregate number, type and severity of accidents reported at
intersections where a traffic-control signal photo violation-monitoring
system is used, to the extent the information is maintained by the
department of motor vehicles of this state;
4. the number of violations recorded at each intersection where a
traffic-control signal photo violation-monitoring system is used and in
the aggregate on a daily, weekly and monthly basis;
5. the total number of notices of liability issued for violations
recorded by such systems;
6. the number of fines and total amount of fines paid after first
notice of liability issued for violations recorded by such systems;
7. the number of violations adjudicated and results of such
adjudications including breakdowns of dispositions made for violations
recorded by such systems;
8. the total amount of revenue realized by such city from such
adjudications;
9. expenses incurred by such city in connection with the program; and
10. quality of the adjudication process and its results.
(n) It shall be a defense to any prosecution for a violation of
subdivision (d) of section eleven hundred eleven of this article
pursuant to a local law or ordinance adopted pursuant to this section
that such traffic-control indications were malfunctioning at the time of
the alleged violation.
* NB Repealed August 21, 2019
* NB There are 3 S 1111-d's
* S 1111-d. Owner liability for failure of operator to comply with
traffic-control indications. (a) 1. Notwithstanding any other provision
of law, the city of Albany is hereby authorized and empowered to adopt
and amend a local law or ordinance establishing a demonstration program
imposing monetary liability on the owner of a vehicle for failure of an
operator thereof to comply with traffic-control indications in such city
in accordance with the provisions of this section. Such demonstration
program shall empower such city to install and operate traffic-control
signal photo violation-monitoring devices at no more than twenty
intersections within such city at any one time.
2. Such demonstration program shall utilize necessary technologies to
ensure, to the extent practicable, that photographs produced by such
traffic-control signal photo violation-monitoring systems shall not
include images that identify the driver, the passengers, or the contents
of the vehicle. Provided, however, that no notice of liability issued
pursuant to this section shall be dismissed solely because a photograph
or photographs allow for the identification of the contents of a
vehicle, provided that such city has made a reasonable effort to comply
with the provisions of this paragraph.
(b) In any such city which has adopted a local law or ordinance
pursuant to subdivision (a) of this section, the owner of a vehicle
shall be liable for a penalty imposed pursuant to this section if such
vehicle was used or operated with the permission of the owner, express
or implied, in violation of subdivision (d) of section eleven hundred
eleven of this article, and such violation is evidenced by information
obtained from a traffic-control signal photo violation-monitoring
system; provided however that no owner of a vehicle shall be liable for
a penalty imposed pursuant to this section where the operator of such
vehicle has been convicted of the underlying violation of subdivision
(d) of section eleven hundred eleven of this article.
(c) For purposes of this section, "owner" shall have the meaning
provided in article two-B of this chapter. For purposes of this section,
"traffic-control signal photo violation-monitoring system" shall mean a
vehicle sensor installed to work in conjunction with a traffic-control
signal which automatically produces two or more photographs, two or more
microphotographs, a videotape or other recorded images of each vehicle
at the time it is used or operated in violation of subdivision (d) of
section eleven hundred eleven of this article.
(d) A certificate, sworn to or affirmed by a technician employed by
the city of Albany in which the charged violation occurred, or a
facsimile thereof, based upon inspection of photographs,
microphotographs, videotape or other recorded images produced by a
traffic-control signal photo violation-monitoring system, shall be prima
facie evidence of the facts contained therein. Any photographs,
microphotographs, videotape or other recorded images evidencing such a
violation shall be available for inspection in any proceeding to
adjudicate the liability for such violation pursuant to a local law or
ordinance adopted pursuant to this section.
(e) An owner liable for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to a local law or
ordinance adopted pursuant to this section shall be liable for monetary
penalties in accordance with a schedule of fines and penalties to be set
forth in such local law or ordinance, except that if such city by local
law has authorized the adjudication of such owner liability by a parking
violations bureau, such schedule shall be promulgated by such bureau.
The liability of the owner pursuant to this section shall not exceed
fifty dollars for each violation; provided, however, that such local law
or ordinance may provide for an additional penalty not in excess of
twenty-five dollars for each violation for the failure to respond to a
notice of liability within the prescribed time period.
(f) An imposition of liability under a local law or ordinance adopted
pursuant to this section shall not be deemed a conviction as an operator
and shall not be made part of the operating record of the person upon
whom such liability is imposed nor shall it be used for insurance
purposes in the provision of motor vehicle insurance coverage.
(g) 1. A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section. Personal delivery on the owner shall not be required. A manual
or automatic record of mailing prepared in the ordinary course of
business shall be prima facie evidence of the facts contained therein.
2. A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section, the registration number of the vehicle involved in such
violation, the location where such violation took place, the date and
time of such violation and the identification number of the camera which
recorded the violation or other document locator number.
3. The notice of liability shall contain information advising the
person charged of the manner and the time in which he or she may contest
the liability alleged in the notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to contest
in the manner and time provided shall be deemed an admission of
liability and that a default judgment may be entered thereon.
4. The notice of liability shall be prepared and mailed by the city of
Albany, or by any other entity authorized by such city to prepare and
mail such notification of violation.
(h) Adjudication of the liability imposed upon owners by this section
shall be by a traffic violations bureau established pursuant to section
three hundred seventy of the general municipal law or, if there be none,
by the court having jurisdiction over traffic infractions, except that
if such city has established an administrative tribunal to hear and
determine complaints of traffic infractions constituting parking,
standing or stopping violations such city may, by local law, authorize
such adjudication by such tribunal.
(i) If an owner receives a notice of liability pursuant to this
section for any time period during which the vehicle was reported to the
police department as having been stolen, it shall be a valid defense to
an allegation of liability for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to this section that the
vehicle had been reported to the police as stolen prior to the time the
violation occurred and had not been recovered by such time. For purposes
of asserting the defense provided by this subdivision it shall be
sufficient that a certified copy of the police report on the stolen
vehicle be sent by first class mail to the traffic violations bureau,
court having jurisdiction or parking violations bureau.
(j) 1. In such city where the adjudication of liability imposed upon
owners pursuant to this section is by a traffic violations bureau or a
court having jurisdiction, an owner who is a lessor of a vehicle to
which a notice of liability was issued pursuant to subdivision (g) of
this section shall not be liable for the violation of subdivision (d) of
section eleven hundred eleven of this article, provided that he or she
sends to the traffic violations bureau or court having jurisdiction a
copy of the rental, lease or other such contract document covering such
vehicle on the date of the violation, with the name and address of the
lessee clearly legible, within thirty-seven days after receiving notice
from the bureau or court of the date and time of such violation,
together with the other information contained in the original notice of
liability. Failure to send such information within such thirty-seven day
time period shall render the owner liable for the penalty prescribed by
this section. Where the lessor complies with the provisions of this
paragraph, the lessee of such vehicle on the date of such violation
shall be deemed to be the owner of such vehicle for purposes of this
section, shall be subject to liability for the violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section and shall be sent a notice of liability pursuant to subdivision
(g) of this section.
2. (I) In such city which, by local law, has authorized the
adjudication of liability imposed upon owners by this section by a
parking violations bureau, an owner who is a lessor of a vehicle to
which a notice of liability was issued pursuant to subdivision (g) of
this section shall not be liable for the violation of subdivision (d) of
section eleven hundred eleven of this article, provided that:
(A) prior to the violation, the lessor has filed with the bureau in
accordance with the provisions of section two hundred thirty-nine of
this chapter; and
(B) within thirty-seven days after receiving notice from the bureau of
the date and time of a liability, together with the other information
contained in the original notice of liability, the lessor submits to the
bureau the correct name and address of the lessee of the vehicle
identified in the notice of liability at the time of such violation,
together with such other additional information contained in the rental,
lease or other contract document, as may be reasonably required by the
bureau pursuant to regulations that may be promulgated for such purpose.
(II) Failure to comply with clause (B) of subparagraph (I) of this
paragraph shall render the owner liable for the penalty prescribed in
this section.
(III) Where the lessor complies with the provisions of this paragraph,
the lessee of such vehicle on the date of such violation shall be deemed
to be the owner of such vehicle for purposes of this section, shall be
subject to liability for such violation pursuant to this section and
shall be sent a notice of liability pursuant to subdivision (g) of this
section.
(k) 1. If the owner liable for a violation of subdivision (d) of
section eleven hundred eleven of this article pursuant to this section
was not the operator of the vehicle at the time of the violation, the
owner may maintain an action for indemnification against the operator.
2. Notwithstanding any other provision of this section, no owner of a
vehicle shall be subject to a monetary fine imposed pursuant to this
section if the operator of such vehicle was operating such vehicle
without the consent of the owner at the time such operator failed to
obey a traffic-control indication. For purposes of this subdivision
there shall be a presumption that the operator of such vehicle was
operating such vehicle with the consent of the owner at the time such
operator failed to obey a traffic-control indication.
(l) Nothing in this section shall be construed to limit the liability
of an operator of a vehicle for any violation of subdivision (d) of
section eleven hundred eleven of this article.
(m) In any such city which adopts a demonstration program pursuant to
subdivision (a) of this section, such city shall submit an annual report
on the results of the use of a traffic-control signal photo
violation-monitoring system to the governor, the temporary president of
the senate and the speaker of the assembly on or before June first, two
thousand fifteen and on the same date in each succeeding year in which
the demonstration program is operable. Such report shall include, but
not be limited to:
1. a description of the locations where traffic-control signal photo
violation-monitoring systems were used;
2. the aggregate number, type and severity of accidents reported at
intersections where a traffic-control signal photo violation-monitoring
system is used for the year preceding the installation of such system,
to the extent the information is maintained by the department of motor
vehicles of this state;
3. the aggregate number, type and severity of accidents reported at
intersections where a traffic-control signal photo violation-monitoring
system is used, to the extent the information is maintained by the
department of motor vehicles of this state;
4. the number of violations recorded at each intersection where a
traffic-control signal photo violation-monitoring system is used and in
the aggregate on a daily, weekly and monthly basis;
5. the total number of notices of liability issued for violations
recorded by such systems;
6. the number of fines and total amount of fines paid after first
notice of liability issued for violations recorded by such systems;
7. the number of violations adjudicated and results of such
adjudications including breakdowns of dispositions made for violations
recorded by such systems;
8. the total amount of revenue realized by such city from such
adjudications;
9. expenses incurred by such city in connection with the program; and
10. quality of the adjudication process and its results.
(n) It shall be a defense to any prosecution for a violation of
subdivision (d) of section eleven hundred eleven of this article
pursuant to a local law or ordinance adopted pursuant to this section
that such traffic-control indications were malfunctioning at the time of
the alleged violation.
* NB Repealed August 21, 2019
* NB There are 3 S 1111-d's
* S 1111-e. Owner liability for failure of operator to comply with
traffic-control indications. (a) 1. Notwithstanding any other provision
of law, the city of White Plains is hereby authorized and empowered to
adopt and amend a local law or ordinance establishing a demonstration
program imposing monetary liability on the owner of a vehicle for
failure of an operator thereof to comply with traffic-control
indications in such city in accordance with the provisions of this
section. Such demonstration program shall empower such city to install
and operate traffic-control signal photo violation-monitoring devices at
no more than twelve intersections within such city at any one time.
2. Such demonstration program shall utilize necessary technologies to
ensure, to the extent practicable, that photographs produced by such
traffic-control signal photo violation-monitoring systems shall not
include images that identify the driver, the passengers, or the contents
of the vehicle. Provided, however, that no notice of liability issued
pursuant to this section shall be dismissed solely because a photograph
or photographs allow for the identification of the contents of a
vehicle, provided that such city has made a reasonable effort to comply
with the provisions of this paragraph.
(b) In any such city which has adopted a local law or ordinance
pursuant to subdivision (a) of this section, the owner of a vehicle
shall be liable for a penalty imposed pursuant to this section if such
vehicle was used or operated with the permission of the owner, express
or implied, in violation of subdivision (d) of section eleven hundred
eleven of this article, and such violation is evidenced by information
obtained from a traffic-control signal photo violation-monitoring
system; provided however that no owner of a vehicle shall be liable for
a penalty imposed pursuant to this section where the operator of such
vehicle has been convicted of the underlying violation of subdivision
(d) of section eleven hundred eleven of this article.
(c) For purposes of this section, "owner" shall have the meaning
provided in article two-B of this chapter. For purposes of this section,
"traffic-control signal photo violation-monitoring system" shall mean a
vehicle sensor installed to work in conjunction with a traffic-control
signal which automatically produces two or more photographs, two or more
microphotographs, a videotape or other recorded images of each vehicle
at the time it is used or operated in violation of subdivision (d) of
section eleven hundred eleven of this article.
(d) A certificate, sworn to or affirmed by a technician employed by
the city of White Plains in which the charged violation occurred, or a
facsimile thereof, based upon inspection of photographs,
microphotographs, videotape or other recorded images produced by a
traffic-control signal photo violation-monitoring system, shall be prima
facie evidence of the facts contained therein. Any photographs,
microphotographs, videotape or other recorded images evidencing such a
violation shall be available for inspection in any proceeding to
adjudicate the liability for such violation pursuant to a local law or
ordinance adopted pursuant to this section.
(e) An owner liable for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to a local law or
ordinance adopted pursuant to this section shall be liable for monetary
penalties in accordance with a schedule of fines and penalties to be set
forth in such local law or ordinance, except that if such city by local
law has authorized the adjudication of such owner liability by a parking
violations bureau, such schedule shall be promulgated by such bureau.
The liability of the owner pursuant to this section shall not exceed
fifty dollars for each violation; provided, however, that such local law
or ordinance may provide for an additional penalty not in excess of
twenty-five dollars for each violation for the failure to respond to a
notice of liability within the prescribed time period.
(f) An imposition of liability under a local law or ordinance adopted
pursuant to this section shall not be deemed a conviction as an operator
and shall not be made part of the operating record of the person upon
whom such liability is imposed nor shall it be used for insurance
purposes in the provision of motor vehicle insurance coverage.
(g) 1. A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section. Personal delivery on the owner shall not be required. A manual
or automatic record of mailing prepared in the ordinary course of
business shall be prima facie evidence of the facts contained therein.
2. A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section, the registration number of the vehicle involved in such
violation, the location where such violation took place, the date and
time of such violation and the identification number of the camera which
recorded the violation or other document locator number.
3. The notice of liability shall contain information advising the
person charged of the manner and the time in which he or she may contest
the liability alleged in the notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to contest
in the manner and time provided shall be deemed an admission of
liability and that a default judgment may be entered thereon.
4. The notice of liability shall be prepared and mailed by the city of
White Plains, or by any other entity authorized by such city to prepare
and mail such notification of violation.
(h) Adjudication of the liability imposed upon owners by this section
shall be by a traffic violations bureau established pursuant to section
three hundred seventy of the general municipal law or, if there be none,
by the court having jurisdiction over traffic infractions, except that
if such city has established an administrative tribunal to hear and
determine complaints of traffic infractions constituting parking,
standing or stopping violations such city may, by local law, authorize
such adjudication by such tribunal.
(i) If an owner receives a notice of liability pursuant to this
section for any time period during which the vehicle was reported to the
police department as having been stolen, it shall be a valid defense to
an allegation of liability for a violation of subdivision (d) of section
eleven hundred eleven of this article pursuant to this section that the
vehicle had been reported to the police as stolen prior to the time the
violation occurred and had not been recovered by such time. For purposes
of asserting the defense provided by this subdivision it shall be
sufficient that a certified copy of the police report on the stolen
vehicle be sent by first class mail to the traffic violations bureau,
court having jurisdiction or parking violations bureau.
(j) 1. In such city where the adjudication of liability imposed upon
owners pursuant to this section is by a traffic violations bureau or a
court having jurisdiction, an owner who is a lessor of a vehicle to
which a notice of liability was issued pursuant to subdivision (g) of
this section shall not be liable for the violation of subdivision (d) of
section eleven hundred eleven of this article, provided that he or she
sends to the traffic violations bureau or court having jurisdiction a
copy of the rental, lease or other such contract document covering such
vehicle on the date of the violation, with the name and address of the
lessee clearly legible, within thirty-seven days after receiving notice
from the bureau or court of the date and time of such violation,
together with the other information contained in the original notice of
liability. Failure to send such information within such thirty-seven day
time period shall render the owner liable for the penalty prescribed by
this section. Where the lessor complies with the provisions of this
paragraph, the lessee of such vehicle on the date of such violation
shall be deemed to be the owner of such vehicle for purposes of this
section, shall be subject to liability for the violation of subdivision
(d) of section eleven hundred eleven of this article pursuant to this
section and shall be sent a notice of liability pursuant to subdivision
(g) of this section.
2. (I) In such city which, by local law, has authorized the
adjudication of liability imposed upon owners by this section by a
parking violations bureau, an owner who is a lessor of a vehicle to
which a notice of liability was issued pursuant to subdivision (g) of
this section shall not be liable for the violation of subdivision (d) of
section eleven hundred eleven of this article, provided that:
(A) prior to the violation, the lessor has filed with the bureau in
accordance with the provisions of section two hundred thirty-nine of
this chapter; and
(B) within thirty-seven days after receiving notice from the bureau of
the date and time of a liability, together with the other information
contained in the original notice of liability, the lessor submits to the
bureau the correct name and address of the lessee of the vehicle
identified in the notice of liability at the time of such violation,
together with such other additional information contained in the rental,
lease or other contract document, as may be reasonably required by the
bureau pursuant to regulations that may be promulgated for such purpose.
(II) Failure to comply with clause (B) of subparagraph (I) of this
paragraph shall render the owner liable for the penalty prescribed in
this section.
(III) Where the lessor complies with the provisions of this paragraph,
the lessee of such vehicle on the date of such violation shall be deemed
to be the owner of such vehicle for purposes of this section, shall be
subject to liability for such violation pursuant to this section and
shall be sent a notice of liability pursuant to subdivision (g) of this
section.
(k) 1. If the owner liable for a violation of subdivision (d) of
section eleven hundred eleven of this article pursuant to this section
was not the operator of the vehicle at the time of the violation, the
owner may maintain an action for indemnification against the operator.
2. Notwithstanding any other provision of this section, no owner of a
vehicle shall be subject to a monetary fine imposed pursuant to this
section if the operator of such vehicle was operating such vehicle
without the consent of the owner at the time such operator failed to
obey a traffic-control indication. For purposes of this subdivision
there shall be a presumption that the operator of such vehicle was
operating such vehicle with the consent of the owner at the time such
operator failed to obey a traffic-control indication.
(l) Nothing in this section shall be construed to limit the liability
of an operator of a vehicle for any violation of subdivision (d) of
section eleven hundred eleven of this article.
(m) In any such city which adopts a demonstration program pursuant to
subdivision (a) of this section, such city shall submit an annual report
on the results of the use of a traffic-control signal photo
violation-monitoring system to the governor, the temporary president of
the senate and the speaker of the assembly on or before the first day of
June next succeeding the effective date of this section and on the same
date in each succeeding year in which the demonstration program is
operable. Such report shall include, but not be limited to:
1. a description of the locations where traffic-control signal photo
violation-monitoring systems were used;
2. the aggregate number, type and severity of accidents reported at
intersections where a traffic-control signal photo violation-monitoring
system is used for the year preceding the installation of such system,
to the extent the information is maintained by the department of motor
vehicles of this state;
3. the aggregate number, type and severity of accidents reported at
intersections where a traffic-control signal photo violation-monitoring
system is used, to the extent the information is maintained by the
department of motor vehicles of this state;
4. the number of violations recorded at each intersection where a
traffic-control signal photo violation-monitoring system is used and in
the aggregate on a daily, weekly and monthly basis;
5. the total number of notices of liability issued for violations
recorded by such systems;
6. the number of fines and total amount of fines paid after first
notice of liability issued for violations recorded by such systems;
7. the number of violations adjudicated and results of such
adjudications including breakdowns of dispositions made for violations
recorded by such systems;
8. the total amount of revenue realized by such city from such
adjudications;
9. expenses incurred by such city in connection with the program; and
10. quality of the adjudication process and its results.
(n) It shall be a defense to any prosecution for a violation of
subdivision (d) of section eleven hundred eleven of this article
pursuant to a local law or ordinance adopted pursuant to this section
that such traffic-control indications were malfunctioning at the time of
the alleged violation.
* NB Repealed September 12, 2020
S 1112. Pedestrian-control signal indications. Whenever pedestrians
are controlled by pedestrian-control signals exhibiting the words "WALK"
or "DON`T WALK", or exhibiting symbols of a walking person or upraised
hand, such signals shall indicate and apply to pedestrians as follows:
(a) Steady WALK or walking person. Pedestrians facing such signal may
proceed across the roadway in the direction of the signal and shall be
given the right of way by other traffic.
(b) Flashing DON`T WALK or upraised hand. No pedestrian shall start to
cross the roadway in the direction of such signal, but any pedestrians
who have partially completed their crossing on the WALK or walking
person signal shall proceed to a sidewalk or safety island while the
flashing DON`T WALK or upraised hand signal is showing.
(c) Steady DON`T WALK or upraised hand. No pedestrians shall start to
cross the roadway in the direction of such signal, but any pedestrians
who have partially completed their crossing on the WALK or flashing
DON`T WALK signal shall proceed to a sidewalk or safety island while the
steady DON`T WALK signal is showing.
S 1113. Flashing signal indications. Whenever traffic is controlled by
a flashing signal used in a traffic sign or signal, only the colors red
and yellow shall be used, and said signals shall indicate and apply to
drivers of vehicles as follows:
(a) Flashing red indications. Unless to make another movement
permitted by other indications shown at the same time, vehicular traffic
facing a circular red signal or red arrow with rapid intermittent
flashes shall stop at a clearly marked stop line, but if none, then
shall stop before entering the crosswalk on the near side of the
intersection, or in the event there is no crosswalk, at the point
nearest the intersecting roadway where the driver has a view of
approaching traffic on the intersecting roadway before entering the
intersection and the right to proceed shall be subject to the rules
applicable after making a stop at a stop sign.
(b) Flashing yellow indications. Vehicular traffic facing a circular
yellow signal or yellow arrow with rapid intermittent flashes may
proceed through the intersection or past such signal only with caution.
(c) Flashing red arrows and flashing yellow arrow indications have the
same meaning as the corresponding flashing circular indications, except
that they apply only to drivers of vehicles intending to make the
movement indicated by the arrow.
(d) This section shall not apply at railroad grade crossings. Conduct
of drivers of vehicles approaching railroad grade crossings shall be
governed by the rules as set forth in section eleven hundred seventy of
this title.
S 1114. Display of unauthorized signs, signals, or markings. (a) No
person shall place, maintain, or display upon or in view of any highway
any unauthorized sign, signal, marking or device which purports to be or
is an imitation of or resembles or is likely to be construed as an
official traffic-control device or railroad sign or signal, or which
attempts to direct or regulate the movement of traffic, or which hides
from view or interferes with the effectiveness of any official
traffic-control device or any railroad sign or signal.
(b) No person shall place or maintain nor shall any public authority
permit upon any highway any traffic sign or signal bearing thereon any
commercial advertising.
(c) Every such prohibited sign, signal, or marking is hereby declared
to be a public nuisance and any police officer or public authority is
hereby empowered to remove the same or cause it to be removed without
notice.
S 1115. Interference with official traffic-control devices, railroad signs or
signals and other highway appurtenances. (a) No person shall
without lawful authority attempt to or in fact alter, deface, injure,
knock down, cover, remove, or otherwise interfere with any official
traffic-control device or any railroad sign or signal, or any
inscription, shield, or insignia thereon, or any other part thereof; any
bridge or similar structure; any monument, lamppost, telephone pole,
fence, walk, curb, tree, rock cut or other appurtenance on a highway
right of way.
(b) For the purposes of this section, to `deface` shall include, but
not be limited to, to damage, destroy, disfigure, erase, ruin, distort,
spoil or otherwise change the external appearance of an object by the
use of chalk, crayon, paint, stain, ink or other similar material.
S 1116. Lane direction control indications. Whenever traffic is
controlled by lane-use control signal indications located over the
individual lanes of a highway, only the colors green, yellow, white and
red shall be used, and said signals shall indicate and apply as follows:
(a) Traffic facing a steady downward green arrow signal indication is
permitted to drive in the lane over which the arrow signal indication is
located.
(b) Traffic facing a steady yellow X signal indication shall prepare
to vacate the lane over which the signal indication is located because a
lane control change is being made to a steady red X signal indication.
(c) Traffic facing a steady white two-way left-turn arrow signal
indication is permitted to use a lane over which the signal indication
is located for a left turn, but not for through travel, with the
understanding that common use of the lane by oncoming road users for
left turns is also permitted.
(d) Traffic facing a steady white one way left-turn arrow signal
indication is permitted to use a lane over which the signal indication
is located for a left turn (without opposing turns in the same lane),
but not for through travel.
(e) Traffic facing a steady red X signal shall not use the lane over
which the signal indication is located and this signal indication shall
modify accordingly the meaning of other traffic controls present.
S 1117. Traffic-control signals; malfunction. Except when directed to
proceed by a police officer, every operator of a motor vehicle
approaching an intersection governed by a traffic-control signal which
is out of service or otherwise malfunctioning shall stop in the manner
required for stop signs set forth in section eleven hundred seventy-two
of this title, and proceed according to the rules of right of way for
vehicles set forth in article twenty-six of this title.
Top of Page
| Section |
Sub |
Description of Violation |
| 1110 |
(a) |
Failed to obey traffic control device/police sign |
| 1111 |
(a)1 |
Fail to yield with green light |
| 1111 |
(a)2 |
Fail to yield with green arrow |
| 1111 |
(b)3 |
Pedestrian crossed against yellow signal |
| 1111 |
(d)1 |
Passed circular red signal |
| 1111 |
(d)2a |
Failed to stop at red before turning right/fail to yield to ped/traffic (2-way) |
| 1111 |
(d)2b |
Failed to stop at red before turning right/fail to yield to ped/traffic (1-way) |
| 1111 |
(d)3 |
Passed red arrow |
| 1111 |
(d)4 |
Pedestrian crossed against red signal |
| 1111 |
(d)5 |
Right on red/school bus transporting pupils |
| 1113 |
(a) |
Failure to stop at flashing red signal |
| Vehicle and Traffic Law Drivers Point Guide |
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